Kerala HC sets aside transfer of KSRTC driver reprimanded by Transport Minister

Kochi | The Kerala High Court on Friday set aside the transfer and relieving orders issued to a KSRTC driver, saying there was no justifiable reason for the same.

Justice N Nagaresh said that in absence of a justifiable reason the transfer order would be "punitive in nature" and can only be treated as a "colourable exercise of power".

According to the driver, who had challenged the transfer and relieving orders, the action against him was punitive and on the directions of state Transport Minister K B Ganesh Kumar for keeping two bottles of water near the front windscreen of the bus.

The driver, Jaimon Joseph, had said that the minister, October 1, had obstructed the bus with his vehicle when he saw the bottles and had created an unpleasant scene in the middle of the public road.

Subsequently, on October 4, an order was issued transferring Joseph to Thrissur from Ponkunnam and then on October 7, the relieving order was issued, his plea claimed.

The Kerala State Road Transport Corporation (KSRTC) claimed that the transfer was on administrative grounds for disciplinary issues.

It had also told the court that the driver had failed to maintain cleanliness in the bus and that is the reason for the transfer.

Rejecting the KSRTC's contentions, Justice Nagaresh said that the administrative grounds were not discernible from the transfer or relieving orders or the affidavit filed by the corporation.

The court said that neither the reason for the transfer on administrative grounds nor the disciplinary issues were mentioned in the transfer order.

"In the absence of any justifiable reason, the transfer of the petitioner in contemplation of disciplinary proceedings would be punitive in nature. Viewed in that angle, Ext.P1 memorandum (transfer order) suffers from malice in law.

"Ext.P1, therefore, can only be treated as a colourable exercise of power. The writ petition is, therefore, only to be allowed. The Exts. P1 and P2 (transfer and relieving orders) are, therefore, set side," the court said.

It directed the KSRTC to permit Joseph to continue working from the Ponkunnam unit.

"This will be without prejudice to the right of the respondents to initiate disciplinary action against the petitioner, if warranted," the court added and disposed of the petition.