K.Muraleedharan Nair vs The Kerala State Road Transport on 23 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32517 of 2009(H)


1. K.MURALEEDHARAN NAIR, S/O.KRISHNAN NAIR,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. THE EXECUTIVE DIRECTOR

3. THE ASSISTANT TRANSPORT OFFICER,

4. THE ASSISTANT TRANSPORT OFFICER,

                For Petitioner  :SRI.ANANDARAJAN.N

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :23/11/2009

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                    W.P(C).No.32517 OF 2009
                  -------------------------------------------
            Dated this the 23rd day of November, 2009


                              JUDGMENT

The petitioner, a superintendent of the K.S.R.T.C., faces

certain allegations by a woman officer in the assistant grade that

he had indulged in what could be called as harassment of a

woman employee in her place of work. The petitioner stands

transferred from Parassala to Thodupuzha. He says that there

are at least two reports on certain allegations against him. But

what he has produced along with the writ petition are not

reports of the committee constituted in terms of the directions by

the Apex Court in Vishaka’s case, which should have a

particular quorum, including persons who are not involved in the

management or employed in the establishment. On query by this

Court as to what happened to that enquiry, learned counsel for

the petitioner states that the said committee had concluded that

the petitioner should be transferred out of Parassala to avoid

such further incidents. Learned counsel for the KSRTC states,

WPC.32517/09

2

on instructions, that the initial proposal was to transfer the

petitioner from Parassala to Trivandrum and he has been

transferred to Thodupuzha because there are no vacancies in the

cadre of superintendent in Trivandrum. Taking into

consideration the distance from Trivandrum to Thodupuzha and

the attendant circumstances, particularly that the management

wanted the petitioner to be moved only to Trivandrum from

Parassala, it is ordered that the petitioner’s request for a posting

somewhere near Trivandrum would be considered

sympathetically by the management at the earliest. Subject to

that, all other reliefs sought for are rejected. The writ petition is

ordered accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.23/11.