WP(C) NO. 46015 OF 2024 1 2025:KER:30763 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 46015 OF 2024 PETITIONER: BALU GOPINADH AGED 53 YEARS S/O GOPINADHAN, SREEKRISHNA VILASOM, MUNDAKKAL, KOLLAM, PIN - 691001 BY ADVS. MURALI MADANTHACODU GREESHMA M.M. LIBINA PAUL RESPONDENTS: 1 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,PORT, THIRUVANANTHAPURAM, PIN - 695023 2 EXECUTIVE DIRECTOR(VIGILANCE) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,PORT, THIRUVANANTHAPURAM, PIN - 695023 BY ADV DEEPU THANKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 46015 OF 2024 2 2025:KER:30763 JUDGMENT The present writ petition has been filed by the petitioner challenging the order dated 11.12.2024, issued by the Executive Director, Vigilance, who has been delegated the authority by the Chairman cum Managing Director in respect of the disciplinary proceedings against the petitioner. The learned counsel for the petitioner submits that the order of suspension is against the circular issued by the Managing Director dated 18.09.2021, wherein it has been provided that diesel decantation shall be between 8 AM to 12 PM and 3 PM to 6 PM. However, in this case, the decantation of diesel on 11/03/2024 took place from 5.45 AM to 7 AM. The petitioner was not a member of the committee, and therefore, the suspension issued against the petitioner is illegal and liable to be set aside. 2. Ms Vineetha Bose, learned counsel appearing for the respondent corporation, submits that the petitioner WP(C) NO. 46015 OF 2024 3 2025:KER:30763 has been suspended vide impugned order dated 11.03.2024, invoking the powers under Rule 10 of KCS (CCA) Rules, 1960, by the competent authority. The petitioner was working as a Chargeman, and he was on duty on 11.03.2024, he had left the station when the diesel tanker arrived at his unit. He absconded from duty and did not return to the station even before the departure of the said tanker. The petitioner had also switched off his mobile phone and as the other staff tried to contact him, his phone was not reachable. In such a situation, in the absence of technically qualified staff to decant the fuel, the said tanker left the unit without decanting at that unit, that too after waiting for hours. 3. The submission is that there has been a clear dereliction of duty by the petitioner, and therefore, he has been suspended, and a charge sheet has been issued to the petitioner. All contentions are open to the petitioner to be taken in his reply to the charge sheet and during WP(C) NO. 46015 OF 2024 4 2025:KER:30763 the disciplinary proceedings if the reply to the charge memo is not found satisfactory. 4. I have considered the submissions. Whether it was the duty of the petitioner to have remained present when the tankers arrived for decanting at the station, or he was not dutybound to be present is a question which can be decided in the disciplinary proceedings. However, the fact remains that when the tanker arrived at the station for decanting, the petitioner was not present. The fact has not been disputed by the petitioner, and he did not return to the station till the tanker left the station. 5. In view thereof, I do not think that the suspension order suffers from any illegality, which requires this Court to interfere with in exercise of its jurisdiction under Article 226 of the Constitution of India. Thus, the present writ petition against the suspension order is dismissed, and the petitioner is granted ten days to file a reply to the charge memo if he has already not filed so far. If the petitioner’s reply is not found satisfactory, the WP(C) NO. 46015 OF 2024 5 2025:KER:30763 enquiry officer should proceed with the enquiry and complete the same expeditiously, preferably within a period of three months, subject to the cooperation of the petitioner. With the aforesaid observation, the present writ petition stands finally disposed of. Sd/- D. K. SINGH AP JUDGE WP(C) NO. 46015 OF 2024 6 2025:KER:30763 APPENDIX OF WP(C) 46015/2024 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE SUSPENSION ORDER DATED 11/12/2024 EXHIBIT P2 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT FOR DIESEL DECANTATION, DATED 18/09/2021 EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 15/11/2024 Exhibit P4 Memorandum of Managing Director, KSRTC, dated 13/02/2024