IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34756 of 2011(T) -------------------------------------- PETITIONER: ------------------- R. SAJI KUMAR, INSPECTOR-IN-CHARGE, KERALA STATE ROAD TRANSPORT CORPORATION, EDATHUA DEPOT, ALAPPUZHA DISTRICT. BY ADV. SRI.R.SANTHOSH BABU. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. 2. CHIEF LAW OFFICER-IN CHARGE OF EXECUTIVE DIRECTOR (VIGILANCE) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001. 3. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVALLA DEPOT, THIRUVALLA - 689 103. BY ADV. SRI. BABU JOSEPH KURUVATHAZHA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.34756/2011-T: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER NO. P2-3115/11/TVLA DT.D 05/10/2011 ISSUED BY R.3. EXT.P.2: COPY OF THE QUERIES AND ITS ANSWERS DTD. 11/10/2011 PREPARED ON THE DRAFT/NOTE PAPER. EXT.P.3: COPY OF THE ORDER OF SUSPENSION ISSUED BY R.2. ORDER NO. VLC 4/040390/11 DT.D 16/12/11. EXT.P.4: COPY OF THE REQUEST OF PETITIONER DTD. 09/12/2011. EXT.P.5: COPY OF THE LETTER NO.TCKV 3793/101211 DTD. 10/12/2011 SRI. THOMAS CHANDY M.L.A. TO THE R.1. EXT.P.6: COPY OF THE REPRESENTATION OF PETITIONER DTD. 17/12/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 34756 of 2011 --------------------------------------- Dated this the 22nd day of December 2011. JUDGMENT Heard the learned counsel for the petitioner and learned Standing counsel for the respondents. 2. The writ petition is filed seeking to quash Ext.P3 order and for a direction commanding the first respondent to stop all further proceedings pursuant to Ext.P3. Ext.P3 is the order of suspension. 3. The 2nd respondent issued Ext.P3 order suspending the petitioner from service pending enquiry. The reason stated for passing Ext.P3 order was that the petitioner had given wrong answers to the querry No.D in Ext.P2 to the effect that no new service was flagged off by the M.P. which ultimately tarnished the image and reputation of the Corporation as the said answer is given in the Legislative W.P.(C) No.34756/2011 2 Assembly for and on behalf of the Corporation 4. It is avered in the writ petition that the reasons stated in Ext.P3 order are based on a mistake that infact the petitioner had taken charge as Inspector in charge of Edathua Sub Depot of the Corporation with effect from 7.10.2011, that the flag off ceremony was conducted on 20.9.2011 that the query No.D in Ext.P2 was prepared by the 3rd respondent, the then Inspector in charge of Edathua Sub Depot and therefore, the petitioner is innocent. 5 When the matter was taken up for consideration today in the admission list, learned counsel for the petitioner submits that Ext.P6 representation is pending consideration before the first respondent Corporation and requests this Court to issue direction to the first respondent to consider and pass appropriate orders on Ext.P6 representation within a time frame. In the facts and circumstances of the case, the writ petition is disposed of with a direction to the first W.P.(C) No.34756/2011 3 respondent to consider and pass appropriate orders on Ext.P6 representation within a period of three weeks from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID JUDGE al