Heard the learned counsel for the petitioner and the learned Standing Counsel for the Kerala State Road Transport Corporation, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. Briefly stated, the petitioner, now superannuated, was meted out punishment through Ext.P4 while he was in service, on the finding of the disciplinary authority that he was guilty of certain misconduct, namely misappropriation of funds. As the record reveals, the petitioner filed Ext.P5 statutory appeal before the 1st respondent. Later, in the wake of the delay in the disposal of the said statutory appeal, the petitioner is also said to have submitted Ext.P6 reminder to the 1st respondent. Complaining of non disposal of Ext.P5 statutory appeal W.P.(C) No. 26320/2014 -2-
expeditiously, the petitioner filed the present writ petition.
3. The learned Standing Counsel for the respondent Corporation has submitted that the petitioner was found guilty of misappropriation of fund and was accordingly ordered through Ext.P4 order of punishment to refund an amount of `40,000/-, which already stood recovered from the DCRG of the petitioner. Given the gravity of the charge the petitioner faced, the learned Standing Counsel urges this Court not to have any adjudication on the merits of the matter, leaving it open for the 1st respondent to consider Ext.P5 appeal.
In the facts and circumstances, having regard to the respective submissions of the learned Counsel for the petitioner and the learned Standing Counsel for the respondent Corporation, this Court, without expressing any opinion on the merits of the matter, disposes of the writ petition with a direction to the 1st respondent to consider Ext.P5 statutory appeal in accordance with law and pass appropriate orders thereon as expeditiously as possible, at any rate, within one W.P.(C) No. 26320/2014 -3-
month from the date of receipt of a copy of this judgment. If required, the petitioner shall be given an opportunity of being heard in person. No order as to costs.
sd/- DAMA SESHADRI NAIDU, JUDGE.
rv