'These Buses Are Your Assets': Kerala High Court Pulls Up KSRTC For Ditching Buses In Depots To Rust
The Kerala High Court on Friday directed the State and the Kerala State Road Transport Corporation (KSRTC) to file an affidavit detailing the measures taken for protecting the 'assets' of the Corporation.The Bench comprising Justice Devan Ramachandran and Justice Sophy Thomas issued the directive on a public interest litigation (PIL) which alleged that valuable assets of the KSRTC were...
The Kerala High Court on Friday directed the State and the Kerala State Road Transport Corporation (KSRTC) to file an affidavit detailing the measures taken for protecting the 'assets' of the Corporation.
The Bench comprising Justice Devan Ramachandran and Justice Sophy Thomas issued the directive on a public interest litigation (PIL) which alleged that valuable assets of the KSRTC were being wasted away on account of negligence and insouciance of the corporation.
"...it is only when the assets of the KSRTC are well taken care of and protected- as would be done by an ordinary person of his own assets- can we expect it to turn around, at least in the distant future. It is, therefore, now imperative that the Government and the KSRTC answer the allegations regarding the destruction of the buses, as has been projected in Exts.P2 to P5 photographs, through proper pleadings, enumerating the steps that will be taken not merely with respect to the assets shown therein, but also with respect to the same in future, so that the KSRTC can be saved from doom."
On April 18, 'Kerala Kaumudi' published a special report articulating that several KSRTC buses were being destroyed by rust. This among other media reports propelled the petitioner to move the High Court with this PIL. According to the petition, a large number of buses were kept in open in various depots, exposing them to the vagaries of nature.
The petitioner also alleged that the authorities were destroying the buses and thereby reducing schedules in order to promote K-Rail and KSRTC Swift.
The plea was filed with a prayer to issue an interim order directing the respondents to restore the operation of KSRTC and KURTC services in its original fleet strength by repairing the 2,800 buses dumped in various depots and yards within a time frame and pass orders restraining the parallel service of contract carriage vehicles in the State as early as possible.
Though there are various other imputations made in the petition, the Bench took a prima facie view that the focus must be on the fact that hundreds of KSRTC buses were stated to be now maintained in a state of waste and disrepair. However, response from KSRTC on the same was sought for since the Court felt that it requires more inputs before concluding so affirmatively.
Standing Counsel Deepu Thankan for KSRTC submitted that the buses were abandoned due to mileage and that they were intended for scrapping. However, he also admitted that KSRTC is going through a major financial crisis, reaching a stage where the salary and other benefits of the employees have been delayed.
The Court took exception to the manner in which the buses were dumped in yards, pointing out that if these buses were their private property, they would have taken much better care of them and that when the KSRTC is stated to be going through extreme fiscal crisis, such conduct will have to be looked into very deeply.
"If it was your own bus, would you have done this? Abandoning them in yards to rust. Yes, they may be scrap but then they should have been sold much earlier when they were in a better condition. That way you could have sold them for higher prices. We do not want to support the unsupportable. Look at the photographs. Being a company going through a financial crisis, this is not the way you should be dealing your buses. These buses are your assets. Why are you not maintaining your assets?" Justice Ramachandran orally remarked.
Special Government Pleader Santhoshkumar submitted that when the Government endeavors to help the KSRTC through financial and other measures, they must also keep in mind the absolute necessity for the Corporation to pull up their socks and to ensure that efficiency is restored in its operations.
He informed the Court that the State chips in with help and assistance, including monetary, as and when it is required; but that he does not have instructions as to the specific nature of the allegations in the petition.
Having considered al the submissions and materials on record, the bench was convinced that since the KSRTC and its staff failed to maintain their assets, the Court should step in and ensure reparative measures.
"...the photographs placed on record speaks a thousand words. We see a large number of buses kept in the open, exposed to the vagaries of nature and literally rusting, though the KSRTC attempts to explain, saying that many of them are intended for scrapping. What affects us is that, normally, the owners of assets would not allow them to whittle away, whatever be the reason."
The Court noted that this was particularly concerning since the KSRTC has a large contingent of employees, both on the mechanical and the garage side, who are expected to take care of the buses and other assets. Therefore, even if the buses cannot be run for the reasons that the KSRTC may project in their favour, it refused to countenance the fact that large number of them were being allowed to deracinate for lack of care and accountability.
The counsels also submitted that many of the woes of KSRTC is on account of the Covid-19 pandemic.
"No doubt, this was not a crisis which was in the contemplation of any person in March 2020. However, this is no reason why the buses and other assets of the KSRTC should be allowed to remain idle or to be destroyed exposing them to the vagaries of nature, because as we already stated, the entire staff strength of the KSRTC was in operation and they were under an obligation to ensure that such assets were well taken care of and protected."
As such, the matter was adjourned to be called on 31.05.2022 within which time both the State Government and the KSRTC were to file detailed counter affidavits enumerating the measures taken or to be taken with respect to the assets of the latter and the manner in which it requires to be protected, so as to bring into its operation the necessary efficiency, which alone can save it from further trouble in future.
When the matter was taken up earlier this week, the Court expressed its discontent and concern by pointing out that several high-tech buses were lying around collecting rust at depots and yards at a time when there are no buses to run adequate schedules for KSRTC. A division bench said that KSRTC should display some efficiency in such matters in the face of the ongoing major financial crisis.
The KSRTC however clarified that only 920 buses have been shifted to be condemned and the allegation that 2800 buses are being destroyed by rust is not true. Of these, 681 are regular buses and 239 are jenram buses, they submitted.
Case Title: N. Raveendran v. State of Kerala & Ors.