Kerala High Court
Fatima Thresia A vs The State Of Kerala on 27 May, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
OP(KAT) NO. 194 OF 2024
OA NO.733 OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
FATIMA THRESIA A
AGED 55 YEARS
D/O ANTONY, RESIDING AT ANUKHIL DALE, MANGAD P.O.,
KOLLAM, NOW WORKING AS CIRCLE INSPECTOR OF POLICE AT
KOTTARAKKARA WOMAN CELL, KOLLAM RURAL, KOLLAM
DISTRICT, PIN - 691015
BY ADV B.THARIF
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
POLICE DEPARTMENT,
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN - 695036
2 DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN - 695036
3 JUNIOR SUPERINTENDENT (IC),
INSPECTOR GENERAL & COMMISSIONER OF POLICE,
CITY POLICE OFFICE, THIRUVANANTHAPURAM, PIN - 695036
4 SMT. KALA KAIRALI S.R.
CIRCLE INSPECTOR OF POLICE, WOMEN CELL, KEPA,
THRISSUR. (AGE, FATHERS NAME AND RESIDENTIAL
ADDRESSES OF THE RESPONDENTS ARE NOT KNOWN TO THE
PETITIONER), PIN - 680620
BY SMT.VINITHA B., SR.GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT)No.194 of 2024
2
JUDGMENT
A.Muhamed Mustaque, J.
The petitioner was the applicant before the
Tribunal. The petitioner has been transferred from
Thiruvananthapuram to Alappuzha. The petitioner is now
working as Circle Inspector of Police. The petitioner is due to
retire on 31.05.2024. It appears that the disciplinary actions
are also initiated against the petitioner. The Tribunal refused
to interfere with the transfer order. Anyway, we find that
there is no scope for interference with this matter, in as much
as the petitioner would retire within a couple of days. No
interference is warranted.
Hence, this original petition stands dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
S.MANU, JUDGE
rkj
APPENDIX OF OP(KAT) 194/2024
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE TRANSFER ORDER DATED
22.03.2023 ISSUED BY 2ND RESPONDENT DGO
NO. 610/2023/PHQ WITH ENDORSEMENT NO. A1-
1577/2021 DATED 23.03.2023
Annexure A2 TRUE COPY OF THE MEDICAL REPORT DATED
07.01.2009 ISSUED BY THE CARDIOLOGIST,
DIRECTOR OF HEALTH SERVICE
Annexure A3 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY DISTRICT MEDICAL OFFICER, DATED
21.01.2016
Annexure A4 TRUE COPY OF REPRESENTATION DATED
24.03.2023 SUBMITTED TO KERALA STATE
POLICE CHIEF, POLICE HEAD QUARTERS,
VAZHUTHACAUD
Annexure A5 TRUE COPY OF THE TRANSFER ORDER DATED
30.05.2022 ISSUED BY DISTRICT POLICE
CHIEF. DO. NO. 188/2022/QR.
Annexure A6 TRUE COPY OF THE MOVEMENT ORDER DATED
01.06.2022 ISSUED BY THE INSPECTOR OF
POLICE, VANITHA CELL, KOLLAM RURAL.
DGO/1083/2022.
Annexure A7 TRUE COPY OF THE ORDER DATED 01.06.2022
ISSUED BY STATE POLICE CHIEF, KERALA
DGO/1083/2022 PHQ.
Annexure A8 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 27.11.2021 ISSUED BY THE ASSISTANT
SURGEON IN HEALTH SERVICES
Annexure A9 TRUE COPY OF THE SENIORITY LIST PUBLISHED
ON 11.08.2021. NO E5 299886/2019 PHQ
Annexure A10 TRUE COPY OF THE ORDER DATED 27.03.2023
IN O.A.NO.490/2023 PASSED BY THE KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
Annexure A11 TRUE COPY OF ORDER EN DT NO. A1-
1577/2021/ITC DATED 28.03.2023
Annexure A12 TRUE COPY OF THE TREATMENT CERTIFICATE
DATED 15.02.2023 ISSUED BY DR.ARUNKUMAR
R, S.K HOSPITAL, THIRUVANANTHAPURAM
Annexure A13 TRUE COPY OF THE PHOTOGRAPH OF THE
APPLICANT WITH LEG FRACTURE
Annexure A14 TRUE COPY OF ORDER OF THE HONOURABLE
TRIBUNAL IN OA NO. 615 OF 2013
Annexure A15 TRUE COPY OF THE ORDER NO. A4-2785/2023/
PHQ DATED 13.05.2023 ISSUED BY THE STATE
POLICE CHIEF
Annexure A16 TRUE COPY OF THE AFFIDAVIT FILED BY THE
APPLICANT DATED 18.05.2023
Exhibit P1 A COPY OF THE TRANSFER ORDER DATED
22/03/2023, ISSUED BY POLICE DEPARTMENT,
KERALA
Exhibit P2 A COPY OF THE ORDER IN OA-733/2023 DATED
21/11/2023, KERALA ADMINISTRATIVE
TRIBUNAL AT THIRUVANANTHAPURAM
Exhibit P3 A TRUE COPY OF THE OA 733/2023 BEFORE THE
HON'BLE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM BENCH
Exhibit P4 A TRUE COPY OF THE REPLY STATEMENT IN OA
733/2023 BEFORE THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL
RESPONDENTS' ANNEXURES
Annexure R2(a) A TRUE COPY OF THE PROCEEDINGS IN ORDER
NO A4-2785/2023/PHQ DATED 13/05/2023 OF
THE STATE POLICE CHIEF,
THIRUVANANTHAPURAM.
Annexure R2(b) TRUE COPY OF THE ORDER NO. A1-
1577/2021ITC DATED 13.05.2023 OF THE
INSPECTOR GENERAL AND COMMISSIONER OF
POLICE, THIRUVANANTHAPURAM CITY
Annexure R2(c) TRUE COPY OF THE REPORT OF TRANSFER OF
CHARGES DATED 13.05.2023
