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. 10762 of 2009(M) -------------------------- PETITIONER(S): ------------------ BABY JOSEPH,STATION MASTER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA DEPOT.,RESIDING AT THERUVAPPUZHA HOUSE, VALVOOR P.O.,PALA,KOTTAYAM. BY MR.JOSEPH T.JOHN,ADVOCATE SMT.S.SIBHA,ADVOCATE RESPONDENTS: ----------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,EAST FORT,THIRUVANANTHAPURAM. 2. THE EXECUTIVE DIRECTOR (VIGILENCE) CHIEF LAW OFFICER IN CHARGE, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA DEPOT. BY MR.K.PRABHAKARAN,SC. 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.10762 OF 2009 ---------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT Disciplinary proceedings were initiated against the petitioner who is a Conductor in the service of the Kerala State Road Transport Corporation, for loss of tickets and electronic ticket machine. Ultimately, it was found that the petitioner was guilty of negligence. The petitioner was directed to pay an amount of Rs.61,795.50 towards loss sustained by the Corporation on account of the negligence on the part of the petitioner. The petitioner challenged the disciplinary proceedings in an appeal as per Rules. Ext.P6 is the appeal filed by the petitioner before the 1st respondent. The petitioner's grievance in this writ petition is that while the appeal is pending, the respondents are deducting instalments of payment of the loss from his salary as directed in the disciplinary proceedings. The petitioner submits that it is unjust to recovery the amount pending disposal of the appeal. 2. I have heard the learned Standing Counsel appearing for the Kerala State Road Transport Corporation also. W.P.(c)No.10762/2009 2 In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The 1st respondent shall consider and pass orders on Ext.P6 appeal as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The 1st respondent shall also pass orders on Ext.P8 application for interim order submitted by the petitioner within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.10762/2009 3