Aarif M I vs State Of Kerala Represented By The ...
2022 Latest Caselaw 5002 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                               &
           THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
   WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                    OP(KAT) NO. 112 OF 2022
 AGAINST THE ORDER DATED 07.04.2022 IN O.A.(EKM)NO.565/2022 OF
    THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
                 (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/APPLICANT:

          AARIF.M.I
          AGED 49 YEARS, S/O.M.S.IBRAHIM,
          MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT
          OFFICE, RAMANATTUKARA, KOZHIKODE-673633 (PERMANENTLY
          RESIDING AT 'MADATHIPARAMBIL', RAIL VIEW LANE, ALUVA
          WEST, ERNAKULAM- 683101
          BY ADVS.
          S.K.ADHITHYAN
          KEERTHI S. JYOTHI


RESPONDENTS/RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001
    2     THE TRANSPORT COMMISSIONER
          TRANS BHAVAN, VAZHUTHACAUD, THIRUVANANTHAPURAM
          -695021
    3     THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU
          PMG, OPPOSITE VIKAS BHAVAN DEPOT, VIKAS BHAVAN.P.O.,
          THIRUVANANTHAPURAM, PIN - 695033


          SRI.JUSTIN JACOB - SR.GP

     THIS OP (KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP
FOR ADMISSION ON 04.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                    2
O.P(KAT) No.112 of 2022


                          JUDGMENT

Devan Ramachandran, J

Though the petitioner makes various assertions and

allegations, when this matter was called today, his learned

counsel - Sri.S.K.Adhithyan, conceded that his client has

already joined the transferred station namely, Kasaragod. He

then requested that his client's representation, namely Ext.P5

or any other representation to be made by him, if so allowed

by this Court, be taken up and disposed of by the 1 st

respondent appropriately. He submitted that he is making this

request because, as per the directives of the Director of

Vigilance, namely Ext.P3, his client cannot be accommodated

at Malappuram, Kozhikkode and Ernakulam only.

2. In response, the learned Senior Government

Pleader - Sri.Justin Jacob, submitted that if the petitioner only

requires his representation for transfer to be considered, it

can be done, provided this Court does not make any

affirmative declarations in his favour.

3. Taking note of the afore submissions, we allow this

O.P(KAT) No.112 of 2022

original petition to the limited extent of directing the 1 st

respondent to take up Ext.P5 representation or any other

representation to be made by him within a period of one week

from today; and issue appropriate orders thereon, after

hearing him.

We make it clear that we leave it fully open to the 1 st

respondent to take any apposite decision on Ext.P5 or the new

representation to be made him, taking note of Ext.P3

recommendations of the Director of Vigilance.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE PV

O.P(KAT) No.112 of 2022

APPENDIX OF OP(KAT) 112/2022

PETITIONER'S ANNEXURES Annexure-A1 TRUE COPY OF THE ORDER.NO.A4/14/2021/TC(I) ISSUED BY THE 2ND RESPONDENT DATED 30/12/2021 Annexure-A2 TRUE COPY OF THE ORDER.NO.A4/14/2021/TC(I) ISSUED BY THE 2ND RESPONDENT DATED 02/04/2022 ExhibitP1 CERTIFIED COPY OF JUDGMENT IN OA(EKM)565/2022 DATED 07/04/2022 ExhibitP2 TRUE COPY OF OA(EKM)565/2022 FILED BY THE PETITIONER Exhibit P3 TRUE COPY OF THE LETTER SEND BY THE 3RD RESPONDENT TO THE ADDITIONAL CHIEF SECRETARY , VIGILANCE DEPARTMENT AS LETTER.NO.C8(VC.3/2020/SCK)614/2021 Exhibit P4 TRUE COPY OF THE LETTER SEND BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 08/03/2022 AS LETTER NO.C3/141/2021-TRANS Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 08/04/2022