KSRTC bottle row: Kerala HC quashes driver’s transfer, setback for Ganesh Kumar

Kochi: The Kerala High Court has set aside the transfer of KSRTC bus driver Jaimon Joseph, who came into the spotlight after the recent ‘bottle row’ involving Transport Minister K B Ganesh Kumar.

Justice N Nagaresh, after a detailed hearing on Thursday, observed that Jaimon’s transfer from Ponkunnam in Kottayam district to Pudukkad in Thrissur was punitive in nature and lacked any justifiable reason.

“The respondents have not advanced any circumstances justifying the transfer... 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, the memorandum suffers from malice in law and can only be treated as a colourable exercise of power,” the court observed.

Jaimon had argued that his transfer was ordered merely because the Transport Minister intervened in the issue, and that the reason cited as ‘administrative convenience’ was baseless. He said there had never been any instance of misconduct in his service record.

The driver had stated that he was carrying two bottles of water for a 210-km trip from Ponkunnam to Thiruvananthapuram, as one bottle was insufficient due to the hot weather and the heat from the bus engine.

KSRTC, however, claimed the transfer was issued on administrative grounds pending disciplinary proceedings and referred to Clause 11 of the Transfer Guidelines in the Pay Revision Agreement, 2012, to justify its action. It also said the corporation was taking measures to ensure cleanliness in buses, which all employees were required to follow.

The court noted that Jaimon had not been issued any memo or charge related to misconduct and found no evidence of administrative necessity or public interest in the transfer order. It therefore quashed the order and directed that Jaimon be allowed to continue at Ponkunnam.

The controversy began on October 1 when Minister K B Ganesh Kumar stopped a KSRTC fast passenger bus at Ayoor on its Mundakayam–Thiruvananthapuram route after finding it unclean, with empty water bottles piled up inside the cabin. Following this, Jaimon was transferred on October 4 through an order issued by the KSRTC Executive Officer on the Chairman’s instructions. He later moved the High Court challenging the decision as arbitrary.
(With LiveLaw inputs.)