Nithin P.N vs Depot Manager
2021 Latest Caselaw 13573 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                          WP(C) NO. 12234 OF 2021
PETITIONER:
              NITHIN P.N.
              AGED 34 YEARS
              S/O. NARAYANAN, RESIDING AT PUTHUSSERI HOUSE,
              KARTHIKAPURAM P. O., ALAKKODE, KANNUR, JUNIOR ASSISTANT,
              TALUK DEPOT, TALIPARAMBA, KANNUR DIST.(NADUVIL SUPPLY-CO
              SUPER MARKET).

              BY ADV C.K.SREEJITH


RESPONDENTS:
     1     DEPOT MANAGER
           TALIPARAMBA TALUK, SUPPLY-CO TALIPARAMBA, KANNUR -
           670141.

     2        TALUK DEPOT, TALIPARAMBA
              NEAR LOURD HOSPITAL, TALIPARAMBA, KANNUR DIST. - 670141.
     3        THE REGIONAL MANAGER
              KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REGIONAL
              OFFICE, JAIL ROAD, KOZHIKODE - 673 001.
     4        THE MANAGING DIRECTOR
              KERALA STATE CIVIL SUPPLIES CORPORATION LTD., MAVELI
              BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI - 682 020.
     5        THE DISTRICT SUPPLY OFFICER
              SUPPLY -CO OFFICE, KANNUR - 670001.
              BY ADVS.
              P.R.REENA
              SMT.MOLLY JACOB,SC,SUPPLYCO


OTHER PRESENT:

              SRI. BIJOY CHANDRAN- SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12234 OF 2021

                                       2

                                JUDGMENT

This writ petition is filed seeking the following reliefs.:-

"(i) issue writ of certiorari quashing Ext.P3 by setting aside the present transfer of petitioner from Taliparamba to Kasaragod.

(ii) issue direction directing to the respondent to retain the petitioner in the present station or nearby station."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. The learned counsel for the petitioner submits

that the petitioner has now been transferred out from

Taliparamba to Kasargode on the ground that there are

some irregularities committed by him. It is submitted that

the petitioner has submitted clear explanations for the non

remittance of the amounts collected and that Ext.P4

representation has been submitted before the 3 rd

respondent, which is liable to be considered.

4. The learned counsel for the petitioner submits

that there are several vacancies at outlets and offices closer WP(C) NO. 12234 OF 2021

to the petitioner's place of residence and that the request of

the petitioner for retention or for transfer to any of the

convenient places may be considered.

5. The learned Standing counsel submits that it was

on account of complaints that the petitioner has been

transferred out of Taliparamba.

6. In any view of the matter, since Ext.P4

representation is preferred before the 3 rd respondent, it is for

the 3rd respondent to take an appropriate decision on the

same. The petitioner is free to make any supplementary

representations pointing out the existence of vacancies

before the 3rd respondent. The 3rd respondent shall take up

Ext.P4 and any supplementary representations that the

petitioner may wish to make and pass orders thereon, taking

note of the facts stated in Ext.P4. Orders shall be passed

within a period of three weeks from the date of receipt of a

copy of this judgment. The petitioner shall produce a copy of

the judgment along with the supplementary representations WP(C) NO. 12234 OF 2021

that he may wish to make before the 3 rd respondent for

compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/02.07.2021 WP(C) NO. 12234 OF 2021

APPENDIX OF WP(C) 12234/2021

PETITIONER Exhibit

Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 8.6.2021 ISSUED BY REGIONAL OFFICER.

Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 28.05.2021.

Exhibit P3 THE TRUE COPY OF THE ORDER DATED 7.6.2021.

Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 8.6.2021.