Kerala High Court
C. Anilkumar vs State Of Kerala on 23 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 23RD DAY OF JUNE 2023/2ND ASHADHA, 1945
OP(KAT) NO.259 OF 2023
AGAINST THE ORDER DATED 31.05.2023 IN OA 803/2023 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
C. ANILKUMAR, AGED 55 YEARS, S/O.CHANDRASEKHARAN NAIR,
JUNIOR SUPERINTENDENT, COLLECTORATE, KOTTAYAM- 686 002,
RESIDING AT SIVANANDANAM, VAZHOOR P.O.,
KOTTAYAM- 686 504.
BY ADVS.
L.RAM MOHAN
M.AUBREY ABRAHAM ISAAC
RESPONDENTS/RESPONDENTS IN O.A:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDING, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM- 695 033.
3 DISTRICT COLLECTOR, KOTTAYAM COLLECTORATE,
KOTTAYAM, PIN - 686002.
BY ADV. SRI. SAIGI JACOB PALATTY, SR.GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
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O.P.(KAT)No. 259 of 2023
(arising out of the impugned order dated 31.05.2023 in O.A.No.803 of 2023 of
Kerala Administrative Tribunal, Thiruvananthapuram)
========================================
Dated this the 23rd day of June, 2023
JUDGMENT
Alexander Thomas, J.
The instant Original Petition instituted under Articles 226 &
227 of the Constitution of India is directed against the impugned
final order rendered by the Kerala Administrative Tribunal,
Thiruvananthapuram on 31.05.2023 in O.A. No.803/2023.
2. The sole petitioner herein is the sole applicant in the
O.A. The respondents herein are the respondents in the O.A.
3. Heard Sri.L.Ram Mohan, learned counsel appearing
for the petitioner and Sri.Saigi Jacob Palatty, learned Senior
Government Pleader appearing for the respondents herein.
4. The prayers in the instant Ext.P1 Original Application,
O.A. No.803/2023 are as follows:
"(i) set aside Annexure A1 to the extent the applicant is transferred from
Collectorate, Kottayam .
(ii) Declare that the applicant is entitled to be posted at Collectorate,
Kottayam till his retirement.
And
(iii) Grant such other relief as this Hon'ble Tribunal may deem fit
including cost of this O.A."
OP (KAT) No. 259 of 2023
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5. The petitioner, who is holding the post of Junior
Superintendent was then posted at the Collectorate, Kottayam and
as per the impugned Annexure-A1 transfer order dated 22.05.2023,
issued by the 2nd respondent/Commissioner of Land Revenue, it
was ordered that the petitioner will stand transferred from the
present station at Collectorate, Kottayam to Malappuram District.
Being aggrieved thereby, the petitioner had preferred Annexure-A8
appeal before the 1st respondent/State Government. Thereafter, he
has filed the instant Ext.P1 O.A. with the aforementioned prayers.
6. The Tribunal after hearing both sides, has rendered the
impugned Ext.P2 final order disposing the O.A. with the direction
that the 1st respondent/State Government will consider and take
appropriate decision on the matters in Annexure-A8 appeal filed by
the petitioner. Ext.P2 order dated 31.05.2023 rendered by the
Tribunal in O.A.No.803/2023 reads as follows:
"The applicant is working as Junior Superintendent in
Collectorate, Kottayam. He is aggrieved by Annexure A1
order transferring him from Kottayam to Malappuram.
The said transfer order is issued in pursuance to the
Government direction dated 22.02.2023 which in turn was
issued based on the advice from the Vigilance Department.
The Vigilance Department had conducted a surprise check
on 20.09.2022 regarding certain alleged irregularities with
OP (KAT) No. 259 of 2023
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respect to issuance of quarry licence. The contention of the
applicant is that there is no direct findings in the said
Vigilance Report against the applicant. On the contrary, the
Note File at Annexure-A5 is produced in support of his claim
that the facts of the case was presented before the ADM to
take decision as well as a suggestion was made to get the
advice from the Secretary, Land Board. Subsequently Land
Board has issued clarification that license can be issued.
Accordingly the applicant contends that his transfer is
unwarranted. Citing the reasons on which he is aggrieved,
the applicant has submitted Annexure-A8 appeal before the
1st respondent.
Considering the facts and circumstances of the case,
the Original Application is disposed of with a direction to
the 1st respondent to consider and pass appropriate decision
on Annexure-A8 appeal within a period of 1 month from the
date of receipt of a copy of this order."
7. After hearing both sides, we are of the view that since
the matter under challenge is a transfer order, the discretion
exercised by the Tribunal, in directing consideration of disposal of
Annexure-A8 appeal, by the 1st respondent/State Government,
cannot be seriously faulted with. The learned counsel for the
petitioner would point out that Annexure-A5 e-file notes especially
in internal page 9 thereof, would show that petitioner has clearly
opined in the said file that the NOC is to be rejected and that it is
not feasible to grant the NOC in question. The relevant portion of
Annexure-A5 given on internal page 9 thereof, reads as follows:
OP (KAT) No. 259 of 2023
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"Note#32
ലലാൻഡഡ് ബബലാർഡഡിൽ നഡിനന്നും ലഭഡിച്ച സ്പഷഡ്ടടീകരണന്നും പ്രകലാരന്നും KLR Act 81 -)൦
വകുപഡ് പ്രകലാരന്നും ഇളവഡ് അനുവദഡിച്ച ഭൂമഡിയഡിൽ മറ്റു പ്രവർത്തനങ്ങൾകഡ് അനുമതഡി
നൽകലാൻ സലാധഡിക്കുകയഡില്ല എനഡ് കലാണുന. അതഡിനലാൽ NOC അനുവദഡിച
നൽകുവലാൻ നഡിർവലാഹമഡില്ല.
ഉത്തരവഡിനഡ്
29/04/2021 10:31 am C.ANIL KUMAR
JS(H) DC KTM"
8. Further, that the stand taken by the 2nd respondent, as if
petitioner has suppressed Annexure-A5 file notes is factually
incorrect, in as much as, Annexure-A5 is a e-file note, which cannot
be suppressed by an incumbent like the petitioner and it has been
available in the online system. Hence, the stand taken by the 2 nd
respondent as if that the petitioner has suppressed the above said
e-file note is untenable. Further, the learned counsel for the
petitioner would also submit that the 3 rd respondent/District
Collector has now issued Ext.P4 report dated 03.06.2023 in the
above matter addressed to the Additional Chief Secretary to the 1 st
respondent/State Government in Revenue Department, the
contents of which would also support the petitioner's stand.
9. The learned Senior Government Pleader would submit
that this Court may not interfere with the exercise of discretion by
OP (KAT) No. 259 of 2023
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the Tribunal in rendering the impugned Ext.P2 order and if
petitioner has any such contention as referred above, it is for him to
advance the same before the 1st respondent/State Government
during the consideration of Annexure-A8 appeal.
10. After having heard both sides, we are of the view that
the 1st respondent Government has to consider and take a
considered decision on the matters raised in Annexure-A8 appeal
filed by the petitioner. While doing so, the 1 st respondent/State
Government will also take into account the above said aspects urged
by the petitioner, as evident from internal page no.9 of Annexure-
A5, the aspect that Annexure-A5 e-file notes had never been
suppressed by the incumbent like petitioner and also the matters
discernible from Ext.P4 report dated 03.06.2023 submitted by the
3rd respondent/District Collector to the 1 st respondent/State
Government and also any other relevant aspects that may be
required by the petitioner. The competent authority of the 1 st
respondent/State Government will pass orders in Annexure-A8
appeal, without much delay, preferably within three weeks from the
OP (KAT) No. 259 of 2023
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date of receipt of a copy of this judgment.
11. Further, the learned counsel for the petitioner would
point out that now a vacancy of Junior Superintendent is to arise in
the Taluk Office, Kanjirappally, Kottayam District on 01.07.2023 on
account of superannuation of the incumbent holding the said post
of that office on 30.06.2023 and that the 1st respondent/State
Government may consider the plea of the petitioner to
accommodate him in the said vacancy at Kanjirappally. We are also
told that the petitioner is to retire from service on 31.03.2024 and
that he has hardly 9 months to retire from service consequent to
superannuation. The said aspect of matter that the petitioner has
only nine months to retire from service is also to be duly taken into
consideration by the 1st respondent/State of Kerala. In the
circumstances afore referred, the 1st respondent/State Government
will also consider as to whether the petitioner could be
accommodated in the vacancy of Junior Superintendent, which is to
arise in the Taluk Offcie, Kanjirappally on 01.07.2023. Until orders
are passed by the 1st respondent/State Government on the matters
OP (KAT) No. 259 of 2023
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raised in Annexure-A8 appeal, the respondent/State Government
will consider not to fill up the vacancy at Taluk Office,
Kanjirappally, which is to arise on 01.07.2023. The impugned
verdict of the Tribunal, Ext.P2 will stand modified and substituted
as above.
With the above observations and directions, the above O.P.
(KAT) will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C.JAYACHANDRAN, JUDGE
ww
OP (KAT) No. 259 of 2023
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APPENDIX OF OP(KAT) 259/2023
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE COPY OF PROCEEDINGS NO.LR/5249/
2023-LR (D5) DATED 22.05.2023 ISSUED BY
THE 2ND RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE LETTER NO.DB2/3
5/2023/REV DATED 22.02.2023 ISSUED BY
THE 1ST RESPONDENT.
ANNEXURE A3 TRUE COPY OF THE REPORT NO.
E7(SC63/2022KTM) 29622/2022 DATED
17.11.2022 OF THE DIRECTOR OF VIGILANCE
AND ANTI CORRUPTION BUREAU.
ANNEXURE A4 TRUE COPY OF THE REPORT NO.SC63/2022/
KTM DATED 10.10.2022 OF THE DEPUTY
SUPERINTENDENT OF POLICE, VIGILANCE AND
ANTI CORRUPTION BUREAU, KOTTAYAM UNIT
WITHOUT ITS ANNEXURES.
ANNEXURE A5 TRUE COPY OF THE NOTE FILE NO.
DCKM/8572/2019-H4 PERTAINING TO THE
GRANTING OF NOC TO SRI.K.V. ABRAHAM.
ANNEXURE A6 TRUE COPY OF THE LETTER NO.L.B.E8
1895/2021 DATED 15.11.2021 ISSUED BY
THE SECRETARY, LAND BOARDS TO THE 3RD
RESPONDENT.
ANNEXURE A7 TRUE COPY OF THE GO (RT) NO.
844/2023/RD DATED 21.02.2023 ISSUED BY
THE 1ST RESPONDENT.
ANNEXURE A8 TRUE COPY OF THE APPEAL DATED
25.05.2023 SUBMITTED BY THE APPLICANT
BEFORE THE 1ST RESPONDENT.
EXHIBIT P1 TRUE COPY OF THE O.A.NO.803/2023 WITH
ANNEXURES.
OP (KAT) No. 259 of 2023
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EXHIBIT P2 CERTIFIED COPY OF THE ORDER DATED
31.5.23 IN O.A. NO.803/2023.
EXHIBIT P3 TRUE COPY OF THE RELIEVING ORDER DATED
1/6/23.
EXHIBIT P4 TRUE COPY OF THE REPORT DATED 3/6/23.
