Crushcheve Antony vs State Of Kerala
2021 Latest Caselaw 14385 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                          WP(C) NO. 15635 OF 2020


PETITIONER:

              CRUSHCHEVE ANTONY, AGED 54 YEARS
              S/O.N.ANTONY, ASSISTANT GENERAL MANAGER,
              KERALA FINANCIAL CORPORATION, BRANCH OFFICE,
              KANNUR-670001, RESIDING AT PULIYANNAVIL,
              INCHAVILA P.O., PERUNADU, KOLLAM-691601.

              BY ADV PIRAPPANCODE V.S.SUDHIR


RESPONDENTS:

    1         STATE OF KERALA, REPRESENTED BY THE ADDITIONAL
              CHIEF SECRETARY, FINANCE DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

    2         THE KERALA FINANCIAL CORPORATION,
              VELLAYAMBALAM, THIRUVANANTHAPURAM-695033,
              REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

    3         THE CHAIRMAN AND MANAGING DIRECTOR,
              THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM,
              THIRUVANANTHAPURAM-695033.

    4         ARUN JOSE JACOB, BRANCH MANAGER, KERALA FINANCIAL
              CORPORATION, BRANCH OFFICE, KOLLAM-691602.

    5         VIPIN KUMAR S., ZONAL MANAGER, ZONAL OFFICE (SZ),
              KERALA FINANCIAL CORPORATION, KOLLAM-691602.

    6         PREMNATH RAVINDRANATH, GENERAL MANAGER (RE-DESIGNED AS
              EXECUTIVE DIRECTOR), KERALA FINANCIAL CORPORATION, HEAD
              OFFICE, THIRUVANANTHAPURAM-695033.
 WPC 15635/20
                                        2



             BY ADVS.
             SRI.M.R.VENUGOPAL
             SMT.DHANYA P.ASHOKAN

             SRI. SUNIL KUMAR KURIAKOSE - GP


      THIS     WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   13.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 15635/20
                                            3



                               JUDGMENT

Even though the rival parties have impelled

various allegations and contentions against each

other, at the heart of the disputes is the

petitioner's allegation that his transfer to Kannur

is illegal.

2. The petitioner, it is stated, has been

working as an Assistant General Manager in the

services of the Kerala Financial Corporation (KFC)

and impugns Exts.P24 and P28 orders, as per which,

he has been transferred to Kannur and prays that

same be cancelled and he be directed to be

transferred to the branch office or zonal office of

the KFC at Kollam.

3. When I considered this case on 30.06.2021,

the following order was passed after hearing both

sides.

I have heard this matter quite in detail today.

Shorn of unnecessary details, the petitioner only wants transfer to Kollam or to a place nearest to it. The Kerala WPC 15635/20

Financial Corporation (KFC), on the other hand, says that he cannot be accommodated in Kollam, Pathanamthitta, Thiruvananthapuram or Ernakulam on account of certain allegations levelled against him. However, Smt.Dhanya P. Ashokan, learned counsel for the KFC submitted that her client is willing to consider the petitioner's request of transfer to Kottayam, Thodupuzha or Alappuzha.

I, therefore, adjourn this matter to be called on 13.07.2021.

4. As is evident from the afore extracted

order, I did not enter into the dialectical

contentions of the parties on its merits, but I

thought that a resolution of the disputes can be

found to a substantial extent, if the KFC is

willing to transfer the petitioner to a place

nearer to Kollam, but not in the stations mentioned

in the order.

5. Today, when this case was called, the

learned Standing Counsel for the KFC, produced an

order dated 05.07.2021, transferring the petitioner

to Kottayam, which is the nearest possible place

other than Kollam, Pathanamthitta,

Thiruvananthapuram or Ernakulam. He, therefore, WPC 15635/20

prayed that this Writ Petition be closed.

6. Sri.Pirappancode V.S.Sudheer - learned

counsel for the petitioner, submitted that he is

accepting the suggestion of this Court as made in

the afore extracted order, but that his client has

some objection regarding the manner in which the

present proceedings dated 05.07.2021 has been

issued by the KFC. He pointed out that in paragraph

4 of the said proceedings, there are disparaging

remarks against his client and prayed that this

Court make appropriate provisions with respect to

the same.

7. In the context of the afore submissions,

it is clear that since the petitioner has now been

transferred to Kottayam, his primary grievance in

this Writ Petition has been allayed to some extent.

Since there are certain proceedings stated to be

pending against him, he cannot be transferred to

Kollam, Pathanamthitta, Thiruvananthapuram or

Ernakulam at this time, but I am certain that on WPC 15635/20

conclusion of the same, his request for transfer to

Kollam will certainly require to be considered.

8. As regards the contents of the new order

dated 05.07.2021, I deem it appropriate to read

paragraph 4 thereof to be a statement of fact and

not an imputation against the petitioner. If the

said paragraph is taken only in such manner, then

petitioner has nothing to worry regarding the

alleged stigma that may be cast upon him. I record

that the learned Standing Counsel also acceded to

this view of mine.

In the afore circumstances, I order this writ

petition, recording that the KFC has transferred

the petitioner to Kottayam through proceedings

dated 05.07.2021; and making it clear that contents

of paragraph 4 of the said proceedings be treated

only as a statement of fact and not as a fresh

imputation.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                                JUDGE
 WPC 15635/20

APPENDIX OF WP(C) 15635/2020

PETITIONER EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE G.O.(MS) NO.237/2012/FIN DATED 24.4.2012.

Exhibit P2 TRUE COPY OF THE WORK ALLOCATION ORDER NO.1041 DATED 31.5.2016.

Exhibit P3 TRUE COPY OF THE ORDER NO.1093 DATED 6.6.2016.

Exhibit P4 TRUE COPY OF THE ORDER NO.519 DATED 27.3.2017.

Exhibit P5 TRUE COPY OF THE PETITION DATED 16.6.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH ENDORSEMENT THEREON.

Exhibit P6 TRUE COPY OF THE APPLICATION DATED 10.7.2017 SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.

Exhibit P7 TRUE COPY OF THE REPLY LETTER NO.KFC/RTI/1415/2017 DATED 5.8.2017 OF THE ASSISTANT GENERAL MANAGER AND THE PUBLIC INFORMATION OFFICER, KERALA FINANCIAL CORPORATION TO EXT.P6 APPLICATION.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 9.10.2017 SUBMITTED BY THE PETITIONER WITH ENDORSEMENT OF THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE MEMO NO.1866 DATED 28.10.2017 ISSUED TO THE PETITIONER.

Exhibit P10 TRUE COPY OF THE ORDER NO.1802 DATED 19.10.2017.

Exhibit P11 TRUE COPY OF THE ORDER NO.1892 DATED WPC 15635/20

31.10.2017.

Exhibit P12 TRUE COPY OF THE ORDER DATED 10.11.2017 OF THIS HON'BLE COURT IN W.P.(C) NO.33951/2017.

Exhibit P12(A) TRUE COPY OF THE ORDER DATED 10.11.2017 REINSTATING THE PETITIONER TO BRANCH OFFICER, PALAKKAD.

Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 27.12.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P14 TRUE COPY OF THE LETTER NO.KFC/HO/HRD/2258/2017-18 DATED 10.1.2018 RECEIVED BY THE PETITIONER.

Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 19.7.2018 OF THIS HON'BLE COURT IN W.P. (C) NO.23848/2018.

Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 9.8.2018 OF THIS HON'BLE COURT IN W.A.NO.1615/2018.

Exhibit P17 TRUE COPY OF THE JUDGMENT DATED 5.2.2019 OF THIS HON'BLE COURT IN CONTEMPT CASE NO.37/2019 IN W.A.NO.1615/2018.

Exhibit P18 TRUE COPY OF THE REPRESENTATION DATED 6.6.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P19 TRUE COPY OF THE MEMO NO.567 DATED 5.7.2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P20 TRUE COPY OF THE REPRESENTATION DATED 20.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P21 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE WPC 15635/20

THE 3RD RESPONDENT.

Exhibit P22 TRUE COPY OF THE OFFICE ORDER NO.1621 DATED 17.3.2020.

Exhibit P23 TRUE COPY OF THE OFFICE ORDER NO.014 DATED 6.5.2020.

Exhibit P24 TRUE COPY OF THE ORDER NO.125 DATED 19.6.2020.

Exhibit P25 TRUE COPY OF THE ORDERS NO.126 DATED 19.6.2020.

Exhibit P26 TRUE COPY OF THE ORDERS NO.127 DATED 19.6.2020.

Exhibit P27 TRUE COPY OF THE ORDERS NO.128 DATED 19.6.2020.

Exhibit P28 TRUE COPY OF THE ORDERS NO.129 DATED 19.6.2020.

Exhibit P29 TRUE COPY OF THE G.O.(MS)NO.237/2012/FIN DATED 24.4.2012.

Exhibit P30 TRUE COPY OF THE LETTER NO.KFC/338/10-11 DATED 3.2.2011.

Exhibit P31 TRUE COPY OF THE NOTE ON ORGANIZATIONAL STRENGTHENING, APPROVED BY THE RESPONDENTS 2 AND 3.

Exhibit P32 TRUE COPY OF THE MEMO NO.163 DATED 30.6.2020.

Exhibit P33 TRUE COPY OF THE REPLY DATED 17.8.2020 SUBMITTED BY THE APPLICATION TO THE SHOW CAUSE NOTICE NO-HRD/154 DATED 30.6.2020

Exhibit P34 TRUE COPY OF THE G.O.(RT) NO.2708/2020/GAD DATED 3/9/2020 WPC 15635/20

Exhibit P35 TRUE COPY OF THE OFFICE ORDER NO.1040 DATED 31/5/2016 OF THE MANAGING DIRECTOR.

Exhibit P36 TRUE COPY OF THE NOTIFICATION DATED 20/7/2016, INVITING APPLICATIONS FOR APPOINTING INTERNAL AUDITORS FOR CONTRACT APPOINTMENT

Exhibit P37 TRUE COPY OF THE ORDER, APPOINTING OF SHRI.C.MOHANACHARI AS INTERNAL AUDITOR ON CONTRACT BASIS.

Exhibit P38 TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT, KOLLAM

Exhibit P39 TRUE COPY OF THE REPORT PREPARED BY THE FINANCIAL INSPECTION WING OF THE STATE GOVERNMENT

Exhibit P40 TRUE COPY OF THE JUDGMENT DATED 24/3/2017 OF THE HON'BLE COURT IN WPC NO.5133/2013

Exhibit P41 TRUE COPY OF THE ORDER DATED 24/03/2017 OF THIS HON'BLE COURT IN IA NO.13329/2016 IN WPC NO.5133/2013.

Exhibit P42 TRUE COPY OF THE FINAL REPORT IN CRIME NO.671/2018 OF MUSEUM POLICE STATION.

Exhibit P43 TRUE COPY OF THE ORDER DATED 15/01/2020 OF THIS HON'BLECOURT IN CRL. MC. 9257/2019.

Exhibit P44 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1330/2018 OF MUSEUM POLICE STATION.

Exhibit P45 TRUE COPY OF THE STATEMENT DATED 08/06/2017, GIVEN BY THE WIFE OF SUGATHAN, BEFORE THE SUB INSPECTOR OF WPC 15635/20

POLICE, MUSEUM POLICE STATION.

RESPONDENT EXHIBITS:

EXHIBIT R3(A) TRUE COPY OF THE REPORT OF THE VIGILANCE OFFICER DATED 02.07.2018

Exhibit R3(B) TRUE COPY OF THEFINAL REPORT IN CC 194/19 DATED 16.09.2018 PENDING BEFORE CJM,TVM.

Exhibit R3(C) TRUE COPY OF THE GAZETTE NOTIFICATIN DATED 17.03.2020

Exhibit R3(D) TRUE COPY OF THE COUNTER AFFIDAVIT DATED 02.02.2019 FILED BY THE 3RD RESPONDENT IN CCC 97/2019.

Exhibit R3(E) TRUE COPY OF THE MEMO OF CHARGES DATED 22.04.2019 ISSUED BY THE MANAGING DIRECTOR TO THE PETITIONER.

Exhibit R3(F) TRUE COPY OF THE MEMO OF CHARGES DATED 30.06.2020 ISSUED BY THE MANAGING DIRECTOR TO THE PETITIONER

Exhibit R3(G) TRUE COPY OF TRANSFER CHARGE DATED 07/09/2020.

Exhibit R3(H) TRUE COPY OF THE REGULATION NO.2 OF KFC STAFF REGULATION.

Exhibit R3(I) TRUE COPY OF SECTION 23 OF STATE FINANCIAL CORPORATION ACT 1951.

Exhibit R3(J) TRUE COPY OF THE MINUTES OF THE BOARD DATED 28/06/2016.