K.K.Varkey vs Sheel Vardhan Singh
2022 Latest Caselaw 6857 Ker

Con.Case(C) No.1054/2022                     1/4

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                         THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                              &
                       THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
             Tuesday, the 14th day of June 2022 / 24th Jyaishta, 1944
               CONTEMPT CASE(C) NO. 1054 OF 2022(S) IN WA 467/2022
   PETITIONER/APPELLANT 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. (UNDER ORDER OF TRANSFER TO CISF UNIT NLC NEYVELI).

        BY ADVOCATES M/S. T.SANJAY, SANIL KUMAR G., MIDHUN R.
   RESPONDENT/2ND RESPONDENT IN W.P.(C):

           SHEEL VARDHAN SINGH, DIRECTOR GENERAL/CISF, CISF HEAD QUARTERS, CGO
           COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110 003

        This Contempt of court case (civil) having come up for orders on
   14.06.2022, the court on the same day passed the following:

                                                                         P.T.O.
 Con.Case(C) No.1054/2022                       2/4



            ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
               ===================================
                        Cont.Case No.1054 of 2022
                   [arising out of judgment dated 07.04.2022 in WA No.467/2022]
             =========================================
                    Dated this the 14th day of June, 2022

                                            ORDER

Sri.S.Manu, learned Assistant Solicitor General of India would

submit on the basis of instructions that the respondent Officer has now

withdrawn Annexure A3 order as it is not passed in due compliance of

the directions contained in Annexure A1 writ Appellate judgment of this

Court and that status quo as regards the previous posting of the

petitioner in Cochin Port Trust has been restored and that orders will be

passed afresh on the representation of the petitioner as directed in

Annxure A1 writ appellate judgment, which is expected to be done

within two weeks.

2. The abovesaid submissions are recorded. In view of the fair

submission made by the respondent officer, we are not now initiating

Contempt of Court proceedings. The respondent officer will take into

account the various observations and directions made by this Court in

Annexure A1 judgment and should take a considered decision in the

matter and also particularly taking note of the impending retirement of

the petitioner in April, 2023 and also taking note of his plea that there

arose 4 vacancies in Cochin Port Trust for the retention of the petitioner Con.Case(C) No.1054/2022 3/4

Cont.Case No.1054 of 2022

and that a similarly situated officer of the rank of Assistant Sub

Inspector, one Sri.Ravi who was to retire on 31.05.2022 was exempted

from the transfer order issued on 14.05.2021 in view of his impending

retirement on 31.05.2022 etc and all other relevant aspects of the

matter.

List the case on 06.07.2022.

Handover to both sides.

Sd/-

ALEXANDER THOMAS JUDGE

sd/-

                                                     SHOBA ANNAMMA EAPEN
                                                            JUDGE
   Nsd




14-06-2022                       /True Copy/                      Assistant Registrar
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                           APPENDIX OF CON.CASE(C) 1054/2022
Annexure A1                 CERTIFIED COPY OF THE JUDGMENT DATED 07-04-2022
Annexure A3                 TRUE COPY OF THE ORDER DATED 01-06-2022 ISSUED BY THE
                            RESPONDENT