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Udayakumar .C, vs the Chairman & Managing Director.

Udayakumar .C, vs The Chairman & Managing Director.

Type Court Judgment Court Kerala Decided Jun 25, 2024
~3 min read
https://sooperkanoon.com/case/1320142

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/12792/2024

Parties & Advocates

Appellant / Petitioner

Udayakumar .C,

Respondent

The Chairman & Managing Director.

Excerpt

.....10.05.2024 is extended by a further period of two months from today for disposal of the appeal. the writ petition is closed. sd/- basant balaji judge js -3- appendix of wp(c) 12792/2024 petitioner exhibits exhibit p1 true copy of first information report in crime no.03/2023 dated 15.07.2023 exhibit p2 true copy of suspension order dated 18.07.2023 passed by the 1st respondent exhibit p3 true copy of the order dated 18.08.2023 in criminalm.p. no. 1242/2023 in vigilance crime no. 03/2023/srt of the court of the enquiry commissioner and special judge, trivandrumexhibit p4 true copy of the preliminary enquiry report dated 26.08.2023 without its enclosures exhibit p5 true copy of memo of charges dated 31.10.2023 and the statement of allegations exhibit p6 true copy of the explanation dated 09.11.2023 submitted by the petitioner to the 1st respondent exhibit p7 true copy of the written submission of the petitioner dated 18.01.2024 submitted before the enquiry officer exhibit p8 true copy of the memorandum dated 02.02.2024 and the enquiry report exhibit p9 true copy of the representation dated 06.02.2024 submitted by the petitioner before the 1st respondent against the findings of the enquiry officer exhibit p10 true copy of show cause notice dated 13.02.2024 issued by the 1st respondent exhibit p11 true copy of the interim order dated 23.02.2024 in w.p. (c ) no. 7226 of 2024. exhibit p12 true copy of the reply dated.04.03.2024 submitted by the petitioner to the 1st respondent exhibit p13 true copy of the argument note dated 13.03.2024 exhibit p14 true copy of the order of the 1st respondent -4-dated.23. 03.2024 exhibit p15 true copy of the appeal filed by the petitioner before the 3rd respondent dated 26.03.2024 exhibit p16 true copy of the stay petition dated 26.03.2024 respondent annexures annexure r- a true copy of the order dated 25/04/2024 issued by 1(a) the chairman and managing director

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 25TH DAY OF JUNE 2024 / 4TH ASHADHA, 1946 WP(C) NO. 12792 OF 2024 PETITIONER: UDAYAKUMAR .C, AGED 56 YEARS, S/O. E. CHANDRASEKHARAN NAIR, RESIDING AT SHANTHINILAYAM, BURMA ROAD, ARRA 54A, ELANGAM LANE, KUMARAPURAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPAURAM-, PIN - 695011 BY ADVS. P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT ANNA LINDA EDEN HARIKRISHNAN S. KARTHIKA SAROJ S.SREEKUMAR (SR.) RESPONDENTS:

1 THE CHAIRMAN & MANAGING DIRECTOR. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT, THIRUVANANTHAPURAM-, PIN - 695023 2 KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN,FORT, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR., PIN - 695023 3 THE KERALA STATE ROAD TRANSPORT CORPORATION APPELLATE TRIBUNAL, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM -, PIN - 695023

OTHER PRESENT: SC SRI. DEEPU THANKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

(Dated this the 25th day of June 2024) An interim order was passed by this Court on 10.05.2024, directing the 3rd respondent to dispose of the appeal and stay petition before 31.05.2024 the day on which the petitioner would be superannuated.

2. A letter has been received from the Appellate

Tribunal dated 25.05.2024 stating that the stay petition has been dismissed, and therefore, the prayer has become infructuous, and seeks two months time to dispose of the appeal. Therefore, the time stipulated in order dated 10.05.2024 is extended by a further period of two months from today for disposal of the appeal. The writ petition is closed. Sd/- BASANT BALAJI JUDGE JS -3- APPENDIX OF WP(C) 12792/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO.03/2023 DATED 15.07.2023 Exhibit P2 TRUE COPY OF SUSPENSION ORDER DATED 18.07.2023 PASSED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER DATED 18.08.2023 IN CRIMINAL

M.P. NO. 1242/2023 IN VIGILANCE CRIME NO. 03/2023/SRT OF THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, TRIVANDRUM

Exhibit P4 TRUE COPY OF THE PRELIMINARY ENQUIRY REPORT DATED 26.08.2023 WITHOUT ITS ENCLOSURES Exhibit P5 TRUE COPY OF MEMO OF CHARGES DATED 31.10.2023 AND THE STATEMENT OF ALLEGATIONS Exhibit P6 TRUE COPY OF THE EXPLANATION DATED 09.11.2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE WRITTEN SUBMISSION OF THE PETITIONER DATED 18.01.2024 SUBMITTED BEFORE THE ENQUIRY OFFICER Exhibit P8 TRUE COPY OF THE MEMORANDUM DATED 02.02.2024 AND THE ENQUIRY REPORT Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 06.02.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AGAINST THE FINDINGS OF THE ENQUIRY OFFICER Exhibit P10 TRUE COPY OF SHOW CAUSE NOTICE DATED 13.02.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 23.02.2024 IN W.P. (C ) NO. 7226 OF 2024. Exhibit P12 TRUE COPY OF THE REPLY DATED.04.03.2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P13 TRUE COPY OF THE ARGUMENT NOTE DATED 13.03.2024 Exhibit P14 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT -4-

DATED.23. 03.2024 Exhibit P15 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 26.03.2024 Exhibit P16 TRUE COPY OF THE STAY PETITION DATED 26.03.2024 RESPONDENT ANNEXURES ANNEXURE R- A TRUE COPY OF THE ORDER DATED 25/04/2024 ISSUED BY 1(A) THE CHAIRMAN AND MANAGING DIRECTOR

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Same Court & Year Kerala · 2024 Same Parties Udayakumar .C, vs The Chairman & Managing Director. Same Judge Honourable Mr.Justice Basant Balaji

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