IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 8223 of 2009(W) --------------------------------- PETITIONER(S): ------------------- K.BALASUNDARA PANICKER, INSPECTOR, KSRTC, CHENGANNUR. BY ADV. MR.K.P.RAJEEVAN RESPONDENT(S): -------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE DIRECTOR (VIGILANCE), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 3. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., CHENGANNUR. MR. JOHNSON P. JOHN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.8223 OF 2009 ---------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT The petitioner is an employee of the Kerala State Road Transport Corporation. Disciplinary proceedings were initiated against the petitioner, which ended in imposition of punishment. The petitioner challenged orders in this regard before the Kerala State Road Transport Corporation Appellate Tribunal. The Appellate Tribunal set aside the orders of the disciplinary authority and the Appellate Authority and remanded the case to the disciplinary authority for fresh consideration, after examining the District Transport Officer and giving an opportunity to the petitioner to cross examine him. That order was passed on 8.4.2005. The petitioner's complaint in this writ petition is that although Ext.P1 order was passed on 8.4.2005, no steps have been taken by the disciplinary authority pursuant thereto. The petitioner, therefore, seeks the following relief: i) Call for the records leading to this case and issue a writ of mandamus directing the respondents to implement Exhibit P1 Order and W.P.(c)No.8223/09 2 disburse all consequential benefits to the petitioner immediately”. 2. I have heard the learned standing counsel for the Kerala State Road Transport Corporation also. I am of opinion that there is no justification for the delay of four year in complying with Ext.P1 order of the Tribunal. However, taking a lenient view, I direct that if the disciplinary authority wants to take further proceedings in accordance with Ext.P1, that shall be taken up and concluded within a period of one month from the date of receipt of a copy of this judgment, failing which the entire disciplinary proceedings shall be dropped. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.8223/09 3