1. An employee challenges a removal from service order and seeks a direction for the timely disposal of a pending statutory appeal. (Para 2 )
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2026 Supreme(Online)(Ker) 68347
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harisankar V. Menon, J
K.G. Subash – Appellant
Versus
Kerala State Road Transport Corporation – Respondent
WP(C) NO. 3995 OF 2024
Important Points
The Court directed the respondent authority to consider and dispose of the petitioner's appeal against removal from service within two months, while ensuring the petitioner is granted an opportunity to be heard.
Subject
Service Law - Disciplinary Proceedings
Headnote
(A) Service Law - Disciplinary Proceedings - Appeal against removal from service - Direction to dispose of statutory appeal - Where a petitioner has already filed an appeal against an order of removal from service, the appropriate remedy is for the Court to direct the competent authority to consider and dispose of the said appeal within a specified timeframe, ensuring the principle of natural justice by granting an opportunity for a hearing. (Para 3, 4)
Issues: Whether the respondent Corporation should be directed to dispose of the petitioner's appeal against removal from service within a fixed period.
Issues: Whether the respondent Corporation should be directed to dispose of the petitioner's appeal against removal from service within a fixed period.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: B. Raghunathan, M. Salim, Stanly Chazhoor, R. Srinath, K. Jaladharan, V.M. Jacob, Asoka Kumar B.
For the Respondents: Deepu Thankan
For the Appellants/Petitioners: B. Raghunathan, M. Salim, Stanly Chazhoor, R. Srinath, K. Jaladharan, V.M. Jacob, Asoka Kumar B.
For the Respondents: Deepu Thankan
Table of Contents
2. The petitioner requests a court direction for the respondent to decide the pending appeal against the removal order within a specified timeframe. (Para 3 )
3. The court notes the narrow scope of the prayer and the necessity for the respondent to dispose of the appeal expeditiously while ensuring the principles of natural justice. (Para 4 )
4. Where an appeal against a disciplinary order is pending, the authority is under a duty to dispose of the same within a reasonable time, adhering to natural justice. (Para 4 )
5. The respondent is directed to decide the pending appeal within two months after granting the petitioner an opportunity to be heard. (Para 4 )
6. Does a court have the authority to direct the timely disposal of a pending internal disciplinary appeal?
Yes, where a petitioner specifically seeks the disposal of a pending appeal against a disciplinary order, the court may direct the concerned authority to decide the appeal expeditiously, provided the petitioner is granted an opportunity to be heard. (Para 3 , 4 )
Dated this the 11th day of November, 2026 Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Corporation.
2. The petitioner has filed the captioned writ petition seeking to challenge the punishment of removal from service, pursuant to Ext.P1 order issued by the respondent Corporation.
3. The learned counsel for the petitioner points out with reference to the averments contained in the counter afÏdavit filed by the respondent Corporation that the petitioner has already submitted Ext.P11 appeal dated 15.10.2026 before the 1st respondent herein. The learned counsel only seeks a direction to the 1st respondent to consider and dispose of Ext.P11 appeal within a time frame.
4. In view of the limited nature of the prayer made as above, this writ petition would stand disposed of directing the 1st respondent to consider and pass orders on Ext.P11 appeal filed by the petitioner against Ext.P1 order as expeditiously as possible and at any rate within a period of two months from today. Needless to say, the petitioner also needs to be granted an opportunity to be heard in the matter.
