Kerala High Court
State Of Kerala vs Jitcy George on 7 July, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:49648
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
OP(KAT) NO. 280 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 20.05.2025 IN OA (EKM)
NO.688 OF 2025 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM) ARISING OUT OF
THE ORDER/JUDGMENT DATED 30.05.2025 IN MA (EKM) NO.711 OF 2025 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL
BENCH, ERNAKULAM)
PETITIONERS/RESPONDENTS 1 TO 5 IN 0A:
1 STATE OF KERALA
REPRESENTED BY THE SPECIAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM, KERALA., PIN - 695001
2 THE REGISTRAR OF THE CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF THE CO-OPERATIVE SOCIETIES,
5TH FLOOR, JAWAHAR SAHAKARAN BHAVAN, DPI JUNCTION,
THYCAUD P.O., THIRUVANANTHAPURAM,
KERALA., PIN - 695014
3 THE ADDITIONAL REGISTRAR (GENERAL)
OFFICE OF THE REGISTRAR OF THE CO-OPERATIVE SOCIETIES,
5TH FLOOR, JAWAHAR SAHAKARAN BHAVAN, DPI JUNCTION,
THYCAUD P.O., THIRUVANANTHAPURAM,
KERALA ., PIN - 695014
4 THE JOINT REGISTRAR,
ERNAKULAM, CIVIL STATION,
COLLECTORATE ROAD, KAKKANAD,
ERNAKULAM, KERALA., PIN - 682030
OP(KAT) NO. 280 OF 2025
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2025:KER:49648
5 THE JOINT DIRECTOR OF CO-OPERATIVE AUDIT,
OFFICE OF THE JOINT DIRECTOR OF CO-OPERATIVE AUDIT,
CIVIL STATION, COLLECTORATE ROAD, KAKKANAD,
ERNAKULAM,KERALA., PIN - 682030
BY SRI. B.UNNIKRISHNA KAIMAL -SENIOR GOVERNMENT
PLEADER
RESPONDENTS/APPLICANT AND RESPONDENTS 6 & 7 IN O.A:
1 JITCY GEORGE,
WIFE OF JOHN MATHEW, AGED 44 YEARS,
ASSISTANT DIRECTOR (AUDIT), PEN NO. 347886,
OFFICE OF THE ASSISTANT DIRECTOR OF CO- OPERATIVE
AUDIT, ARAKUZHA ROAD, MUVATTUPUZHA, ERNAKULAM, KERALA,
PRESENTLY RESIDING AT KOCHUKANNATTU HOUSE,
ADOOPARAMBU, MUVATTUPUZHA, ERNAKULAM,
KERALA., PIN - 686661
2 DINESH K.B., ASSISTANT DIRECTOR (AUDIT),
PEN NO. 425063, OFFICE OF THE ASSISTANT DIRECTOR OF
CO-OPERATIVE AUDIT, KANAYANUR, 4TH FLOOR, B2 BLOCK,
CIVIL STATION, KAKKANAD, ERNAKULAM,
KERALA., PIN - 682030
3 BINDU K D,
ASSISTANT DIRECTOR (AUDIT), PEN NO. 419361, ASSISTANT
DIRECTOR/CONCURRENT DIRECTOR, OFFICE OF THE JOINT
DIRECTOR OF CO- OPERATIVE AUDIT, MULAMTHURUTHY SERVICE
CO-OPERATIVE BANK GROUP, 5TH FLOOR, B2 BLOCK, CIVIL
STATION, KAKKANAD, ERNAKULAM, KERALA., PIN - 682030
BY SRI. REKHA VASUDEVAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) NO. 280 OF 2025
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2025:KER:49648
JUDGMENT
Dated the 7th day of July, 2025
A. Muhamed Mustaque, J.
The State and its officials have come up before this Court
challenging Exhibit P5 order of the Kerala Administrative Tribunal staying
transfer of the respondents and also the direction to repost them and also
Exhibit P3 order rejecting the application seeking modification of the Ext.
P5 order.
2. We may not be justified in interfering with the interim order of
the Tribunal directing the reposting of the first respondent at Muvattupuzha
in the light of her medical condition.
3. The learned Government Pleader submitted that she can be
posted in some other office at Muvattupuzha.
4. If that be so, it is open for the Government to make such a
submission giving options before the Tribunal. We are sure that the
Tribunal will consider all the options suggested by the Government for
posting her in other places at Muvattupuzha. We do not find any reason to
interfere with the order now passed by the Tribunal. However, we request
the Tribunal to consider options suggested by the Government.
Accordingly this Original Petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE,
JUDGE.
Sd/-
JOHNSON JOHN,
JUDGE.
ASH
OP(KAT) NO. 280 OF 2025
2025:KER:49648
APPENDIX OF OP(KAT) 280/2025
PETITIONER ANNEXURES
Exhibit P1 TRUE COPY OF THE O.A (EKM)NO. 688/2025
Annexure A1 TRUE COPY OF THE LETTER DATED NIL ADDRESSED BY
DR. NISHAD RAVEENDRAN, CONSULTANT NEPHROLOGY,
HOLY FAMILY HOSPITAL, THODUPUZHA.
Annexure A2 TRUE COPY OF THE ORDER NO. RCS EA(2)/
3043/2024/164 DATED 13.12.2024 ISSUED BY THE
ADDITIONAL REGISTRAR (PLANNING AND ICDP) ALONG
WITH THE RELEVANT PAGES OF THE FINAL DRAFT
TRANSFER LIST OF THE ASSISTANT DIRECTOR.
Annexure A3 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER
NO. RCS/01/2024-EB(1) DATED 20.12.2024 ISSUED
BY THE 3RD RESPONDENT.
Annexure A4 TRUE COPY OF THE ORDER NO. RCS/01/2024-EB(1)
DATED 03.01.2025 ISSUED BY THE 3RD RESPONDENT.
Annexure A5 TRUE COPY OF THE ORDER NO. E(2)885/2025/
S.C.E.C DATED 28.03.2025 ISSUED BY THE STATE
CO-COPERATIVE ELECTION COMMISSIONER.
Annexure A6 TRUE COPY OF THE ORDER NO. RCS/01/2024 -
EB(1)/3 DATED 16.05.2025 ISSUED BY THE 3RD
RESPONDENT
Annexure A7 TRUE COPY OF THE SCREENSHOT OF THE WHATSAPP
CHAT IN THE WHATSAPP GROUP OF EKM AUDITORS
GROUP.
Annexure A8 TRUE COPY OF THE G.O(P) NO.3/2017/ P&ARD DATED
25.02.2017 ISSUED BY THE PERSONNEL AND
ADMINISTRATIVE REFORMS DEPARTMENT.
Exhibit P1(a) TRUE COPY OF THE MA(EKM) NO. 632/2025 DATED
20.05.2025 IN OA(EKM) NO.688/2025
Annexure A9 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
19.05.2025 ISSUED BY DR. NISHAD RAVEENDRAN
CONSULTANT NEPHROLOGY, HOLY FAMILY HOSPITAL.
Exhibit P2 TRUE COPY OF THE MA(EKM) NO. 711/2025 DATED
20.05.2025 IN OA(EKM) NO.688/2025
Exhibit P3 TRUE COPY OF THE ORDER CHALLENGING MA(EKM)
711/2025 IN OA(EKM) NO. 688/2025 DATED
30.05.2025
Exhibit P4 TRUE COPY OF THE REPORT OF TRANSFER OF CHARGE
DATED 27.05.2025
Exhibit P5 TRUE COPY OF THE INTERIM ORDER OF THE TRIBUNAL
DATED 20.05.2025
Exhibit P6 TRUE COPY OF THE DETAILS OF THE SOCIETIES FOR
AUDIT FOR THE MONTH OF MAY 2025 UNDER THE
OFFICE OF ASSISTANT DIRECTOR (AUDIT),
MUVATTUPUZHA TALUK
