JALADHARAN Vs. DISTRICT TRANSPORT OFFICER TRIVANDRUM

JUDGEMENT

(1.) The petitioner is a driver in the State Transport Department which has now been transformed into the Kerala State Road Transport Corporation which is impleaded as an additional respondent to this writ application. He was kept out of duty from 19-9-1963 by an order passed by the District Transport Officer which has been ratified by the Director of Transport by order dated 4-10-1963. The reason for such action is that the petitioner neglected to maintain, a person who claimed to be his wife. This person complained to the District Transport Officer that she was being so neglected. An enquiry seems to have been held and reliance was placed on a document where there is a statement that the petitioner is the husband of the complainant. The petitioner is an attestor to this document. A horoscope produced by the complainant, stated to be that of the petitioner, and which it was alleged came into her hands at the time of exchange of horoscope was also relied on. On these materials the District Transport Officer came to the prima facie conclusion that the petitioner is the husband of the complainant. With this view the Director of Transport concurred and therefore a show cause notice was issued to the petitioner to state why he should not be removed from service. Since no explanation was given by the petitioner he has been kept out of duty with effect from 19-9-1963.

(2.) The first point urged by counsel on behalf of the petitioner is that in a case of this nature where there is a dispute as to the status of a Government employee, mother he was the husband or not of a person claiming to be his wife the matter

(3.) In the light of the above, I direct that the petitioner will be allowed to rejoin duty forthwith. The question as to what allowance should be paid to the petitioner during the period of his non employment will be determined by the appropriate authorities in accordance with the Rule applicable.