K K Varkey vs Union Of India
2022 Latest Caselaw 1906 Ker

WP(C) No.5659/2022                         1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                     THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         Friday, the 18th day of February 2022 / 29th Magha, 1943
                         WP(C) NO. 5659 OF 2022(F)
   PETITIONER:
           K.K.VARKEY, CISF NO 84470573, ASSISTANT SUB
           INSPECTOR/EXECUTIVE, CISF UNIT CPT COCHIN, RESIDING AT
           QUARTER NO CII/383, CISF COMPLEX, WELLINGTON ISLAND, COCHIN,
           ERNAKULAM DISTRICT, KERALA PIN 682 003
   RESPONDENTS:
      1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF
           HOME AFFAIRS, NORTH BLOCK, NEW DELHI, 110 001
      2.   THE DIRECTOR GENERAL/CENTRAL INDUSTRIAL SECURITY FORCE, CISF
           HEAD QUARTERS, CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN : 110
           003
      3.   THE INSPECTOR GENERAL/CISF, SOUTH SECTOR HEAD QUARTERS, CHPT
           CAMPUS, CHENNAI, PIN : 600 013
      4.   THE DEPUTY INSECTOR GENERAL/CISF, CISF SOUTH ZONE HEAD
           QUARTERS, RAJAJI BHAVAN, BASANT NAGAR, CHENNAI, PIN : 600
           090
      5.   THE GROUP COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE,
           CISF GROUP HEAD QUARTERS, COCHIN, KENDRIYA BHAVAN, KAKKANAD,
           ERNAKULAM KERALA PIN : 683 037
      6.   THE DEPUTY COMMANADANT, CENTRAL INDUSTRIAL SECURITY FORCE
           UNIT, COCHIN PORT TRUST, WELLINGTON ISLAND, COCHIN,
           ERNAKULAM DISTRICT, KERALA PIN : 682 003

        Writ petition (civil) praying inter alia that in the
   circumstances stated in the affidavit filed along with the WP(C)
   the High Court be pleased to stay the operation of Exhibit P2 &
   P6 orders transferring the petitioner to CISF Unit NLC Neyveli,
   pending final disposal this Writ Petition.


        This petition coming on for admission upon perusing the
   petition and the affidavit filed in support of WP(C) and upon
   hearing the arguments of M/S.T.SANJAY, SANIL KUMAR G.,
   RAVEENDRAN & MIDHUN R. Advocates for the petitioner,ASGI for the
   respondents, the court passed the following:
 WP(C) No.5659/2022                           2/4




                         MURALI PURUSHOTHAMAN, J.
                       ---------------------------------------------
                              W.P.(C) No.5659 of 2022
                     -------------------------------------------------
                     Dated this the 18th day of February, 2022

                                       ORDER

The petitioner is challenging Ext.P2 order of transfer

transferring the petitioner from CPT Cochin (Kerala) to NLC,

Neyveli, Tamilnadu.

2. This Court by Ext.P4 judgment had directed the

Director General, Central Industrial Security Force to hear and

dispose of Ext.P4 representation (Ext.P3 herein) of the petitioner

on merits, within a period of two months. Pursuant to the said

direction, Ext.P5 order has been passed rejecting the request of

the petitioner in Ext.P3 representation.

3. The learned counsel for the petitioner points out that,

Paragraph No.4 of Ext.P5 order shows that the petitioner was

heard by the Director General, CISF through virtual interview

held on 02.02.2022 but the order was passed by the Assistant

Inspector General. According to the learned counsel for the

petitioner, it is trite that a person who hear shall decide and in WP(C) No.5659/2022 3/4

W.P.(C) No.5659 of 2022

this case though the Director General heard the petitioner, the

order is passed by the Assistant Inspector General, a junior officer;

though it is stated that the said order has the approval of the

Director General.

4. It is contended by Sri.Daya Sindhu Shreehari, the

learned ASGI that, Paragraph No.11 of Ext.P5 order would show

that the decision was taken by the competent Authority.

5. The learned ASGI takes notice for the respondents.

Post on 22.02.2022.

The learned ASGI to get instructions in the matter. In the

meanwhile, there will be a stay of Exts.P2 and P5 so far as the

petitioner is concerned.

H/o

Sd/-

                                        MURALI PURUSHOTHAMAN
                                                JUDGE

      SPR




18-02-2022                      /True Copy/                       Assistant Registrar
 WP(C) No.5659/2022                 4/4

                      APPENDIX OF WP(C) 5659/2022
Exhibit P2           TRUE COPY OF THE TRANSFER ORDER DATED 01-12-2021 ISSUED
                     BY THE 3RD RESPONDENT
Exhibit P3           TRUE COPY OF THE REPRESENTATION DATED 06-12-2021
                     SUBMITTED BY THE PETITIONER.
Exhibit P4           TRUE COPY OF THE JUDGEMENT DATED 08-12-2021 IN WP(C)NO.
                     28112/2021
Exhibit P5           TRUE COPY OF THE ORDER DATED 14-02-2022 ISSUED BY THE
                     OFFICE OF THE 2ND RESPONDENT
Exhibit P6           TRUE COPY OF THE OFFICE MEMORANDUM DATED 17-02-2022
                     ISSUED BY THE 6TH RESPONDENT