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Sudheendrakumar P vs State Of Kerala
2026 Latest Caselaw 1137 Ker

Citation : 2026 Latest Caselaw 1137 Ker
Judgement Date : 4 February, 2026

[Cites 13, Cited by 0]

Kerala High Court

Sudheendrakumar P vs State Of Kerala on 4 February, 2026

Author: Anil K. Narendran
Bench: Anil K. Narendran
O.P.(KAT)No.44 of 2026                 1
                                                         2026:KER:9810

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

                                           &

               THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

     WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947

                            OP(KAT) NO. 44 OF 2026

AGAINST THE ORDER DATED 02.02.2026 IN O.A.(EKM) NO.1158 OF 2025 OF

KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM


PETITIONER/APPLICANT:

                SUDHEENDRAKUMAR P
                AGED 55 YEARS
                S/O K. PAPPAN, DEPUTY COMMISSIONER,
                ERNAKULAM TAXPAYER SERVICES DIVISION, ERNAKULAM SOUTH,
                THEVARA (UNDER ORDERS OF TRANSFER AS DEPUTY
                COMMISSIONER, AUDIT DIVISION-3, PERUMBAVOOR)
                NOW RESIDING AT SREENILAYAM HOUSE,
                KOTTAMURI P.O., KOTTAYAM DISTRICT-,
                PIN - 686105


                BY ADVS.
                SMT.GIRIJA K GOPAL
                SMT.K.N.VIGY


RESPONDENTS/RESPONDENTS IN O.A.(EKM):

       1        STATE OF KERALA
                REPRESENTED BY SECRETARY TO GOVERNMENT,
                DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM, PIN - 695001

       2        THE COMMISSIONER
                OFFICE OF THE COMMISSIONER OF STATE TAX,
                STATE GOODS & SERVICES TAX DEPARTMENT, PREM NAGAR,
                KARAMANA, THIRUVANANTHAPURAM, PIN - 695002
 O.P.(KAT)No.44 of 2026              2
                                                        2026:KER:9810

       3        ANIL KUMAR G
                DEPUTY COMMISSIONER (INTELLIGENCE),
                STATE GOODS AND SERVICES TAX DEPARTMENT,
                4TH FLOOR, MINI CIVIL STATION,
                THATHAMPALLY P.O. ALAPPUZHA, PIN - 688013



OTHER PRESENT:

                SMT. PRINCY XAVIER, SR. GP


        THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 04.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(KAT)No.44 of 2026              3
                                                        2026:KER:9810


                                JUDGMENT

Anil K. Narendran, J.

The petitioner-applicant filed O.A.(EKM)No.1158 of 2025

before the Kerala Administrative Tribunal, Additional Bench,

Ernakulam, invoking the provisions under Section 19 of the

Administrative Tribunals Act, 1985, seeking an order to set aside

Annexure A4 order dated 25.07.2025 issued by the 1st respondent

State to the extent that the applicant is transferred from Taxpayer

Services Division, Ernakulam South to Audit Division-3,

Perumbavoor; a declaration that the applicant is entitled to be

retained at Taxpayer Services Division, Ernakulam South, since he

has not completed three years tenure in that station and also for

the reason that he is to retire from service within a period of one

year; and an order directing respondents 1 and 2 to consider

Annexure A3 representation dated 10.06.2025 made before the

2nd respondent at the earliest, within a time frame to be fixed by

the Tribunal.

2. The petitioner-applicant was promoted and posted as

Deputy Commissioner at Taxpayer Services Division, Ernakulam

South, vide Annexure A2 order dated 26.05.2025. Within a period

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of 2 months from the date of joining the present station, he was

ordered to be transferred to Audit Division-3, Perumbavoor, vide

Annexure A4 order dated 25.07.2025. According to the applicant,

Annexure A4 order to the extent it relates to his transfer from

Ernakulam South to Perumbavoor is bad for the reason that he

has been shifted out to another station in violation of the

'Minimum Tenure Policy' for transfer in Clause 2(i) of Annexure A5

guidelines for general transfer dated 25.02.2017. At the time of

issuance of Annexure A4 order, the applicant had only 10 months

to retire from service. Therefore, the order of transfer violates

Clause 10(xi) of Annexure A5 guidelines, which stipulates that

those with less than 2 years to retire should be given preference

for their choice station. Annexure A4 order is issued in violation of

Clause 10(viii) of Annexure A5 guidelines, which stipulates that

postings on account of promotion should be filled up first by

posting the promotees against existing vacancies. Annexure A4

order does not specify the nature of transfer, whether it is on

option/compulsory/ compassionate/in Public Interest, as required

to be done under Clause 12(i) of Annexure A5 guidelines.

Moreover, respondents 1 and 2 failed to maintain an electronic

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database, including particulars of transfers and appointments of

employees, as required under Clause 1(iv) of Annexure A5

guidelines, to avoid the discrepancies that may occur on account

of the violation of the said guidelines. According to the applicant,

as evident from Annexure A4 order, 21 'existing vacancies' were

available to accommodate 13 persons posted as Deputy

Commissioners on promotion. Therefore, there is no reason why

the applicant, who has already been promoted and posted as

Deputy Commissioner, Taxpayer Services Division, Emakulam

South, vide Annexure A2 order, is transferred to another 'existing

vacancy' by Annexure A4 order, which could have been filled up

by a fresh promotee.

3. On 28.07.2025, when O.A.(EKM)No.1158 of 2025

came up for admission, the learned Government Pleader was

directed to get instructions as to whether the applicant's transfer

was necessary, as he is due to retire on 03.05.2026. By Ext.P2

interim order dated 28.07.2025, it was ordered that, in case the

applicant as well as his substitute are not relieved, they shall be

allowed to continue in their respective stations. The said interim

order was extended from time to time.

2026:KER:9810

4. In O.A.(EKM)No.1158 of 2025, the 1st respondent filed

Ext.P3 reply statement dated 13.11.2025, opposing the reliefs

sought for, producing therewith Annexure R1(a) judgment of a

Division Bench of this Court dated 10.04.2025 in O.P.(KAT)No.163

of 2025. The applicant filed Ext.P4 rejoinder 20.01.2026,

producing therewith Annexure A6 order dated 16.10.2024 of the

Tribunal in O.A.No.875 of 2024.

5. After considering the rival contentions, the Tribunal

dismissed O.A.(EKM)No.1158 of 2025, by Ext.P5 order dated

02.02.2026, declining interference on the order of transfer of the

applicant vide Annexure A4. Paragraphs 5, 6 and also the last

paragraph of that order read thus;

"5. Referring to the representation submitted by the applicant before the second respondent, learned Counsel for the applicant argued that, as the applicant has been continuing in Ernakulam on the basis of the interim order, it is only proper that he be allowed to retire from that station in May 2026. However, according to the learned Government Pleader, the applicant cannot be permitted to continue in the present station. It is stated that the applicant's posting in Taxpayer Services Division, Ernakulam, as per Annexure A2 was on promotion and therefore the said posting was liable to be reviewed and he has to join the transferred station. It

2026:KER:9810

was also argued that the applicant was transferred to the Audit Division at Perumbavoor. It is further argued that in the absence of any allegation of mala fides, the order of transfer is not liable to be interfered with.

6. As contended by the learned Government Pleader, the only ground for challenging the impugned transfer is the violation of guidelines. There is absolutely no averment regarding mala fides. In the light of the judgment dated 13.01.2026 in O.P.(CAT)No.3 of 2026, transfers are not liable to be interfered with, except on proved allegations relating to mala fides. The Division Bench, after referring to a series of judgments of the Apex Court, held that transfer is only an incidence of service and non-completion of tenure or personal inconvenience cannot be a ground for interference, and that transfer shall not be interfered with on violation of guidelines. It is settled law that an order of transfer can be successfully challenged only if it violates the statutory provision or on mala fides or if it is passed by an incompetent authority. There is no averment regarding mala fides. The competence of the first respondent in issuing the order of transfer is also not in dispute. There is no violation of any statutory rule also. The applicant is holding the post of Deputy Commissioner. He does not have any right to insist that he should be posted in any particular station. The transfer is ordered immediately after his posting on promotion. Therefore, we do not find any illegality in the order of transfer.

The Original Application is accordingly dismissed."

6. Challenging Ext.P5 order dated 02.02.2026 of the

2026:KER:9810

Tribunal in O.A.(EKM)No.1158 of 2025, the petitioner-applicant is

before this Court in this original petition, invoking the supervisory

jurisdiction under Article 227 of the Constitution of India.

7. Heard the learned counsel for the petitioner-applicant

and the learned Senior Government Pleader for respondents 1 and

2.

8. The issue that requires consideration in this original

petition is whether any interference is warranted on Ext.P5 order

dated 02.02.2026 of the Tribunal in O.A.(EKM)No.1158 of 2025,

in exercise of the supervisory jurisdiction of this Court under

Article 227 of the Constitution of India.

9. The learned counsel for the petitioner-applicant would

submit that, the specific contention raised by the applicant as to

violation of various clauses of Annexure A5 transfer guidelines

were not properly considered by the Tribunal while declining

interference on the order of transfer of the applicant vide

Annexure A4. The said order of transfer, to the extent of

transferring the applicant from Taxpayer Services Division,

Ernakulam South to Audit Division-3, Perumbavoor, is vitiated by

malice in law. Therefore, Ext.P5 order of the Tribunal is liable to

2026:KER:9810

be interfered with by this Court in exercise of the supervisory

jurisdiction under Article 227 of the Constitution of India.

10. On the other hand, the learned Senior Government

Pleader would submit that valid reasons have been stated by the

Tribunal in Ext.P5 order for not interfering with Annexure A4 order,

to the extent the applicant is ordered to be transferred from

Taxpayer Services Division, Ernakulam South to Audit Division-3,

Perumbavoor. Since the reasoning of the Tribunal in Ext.P5 order

is neither perverse nor patently illegal, no interference of this

Court is warranted in exercise of the supervisory jurisdiction under

Article 227 of the Constitution of India.

11. As already noticed hereinbefore, the contentions raised

by the petitioner-applicant in O.A(EKM)No.1158 of 2025 are to the

effect that Annexure A4 order of transfer to the extent the

applicant is ordered to be transferred from Taxpayer Services

Division, Ernakulam South to Audit Division-3, Perumbavoor is

violative of the 'Minimum Tenure Policy' for transfer in Clause

(2)(i) of Annexure A5 guidelines for general transfer. The said

order also violates Clause (10)(xi) of the said guidelines, which

stipulates that those with less than two years to retire should be

2026:KER:9810

given preference for their choice station; Clause (10)(viii), which

stipulates that postings on account of promotion should be filled

up first by posting the promotees against the existing vacancies;

Clause (12)(i), since the order of transfer does not specify the

nature of transfer, whether it is on option/compulsory/

compassionate/in public interest; and Clause (1)(iv), since

respondents 1 and 2 failed to maintain an electronic database

including particulars of transfers and appointment of employees,

to avoid discrepancies that may occur on account of violation of

the guidelines in Annexure A5.

12. In State of M.P. v. S.S. Kourav [(1995) 3 SCC

270], the Apex Court held that the courts or tribunals are not

appellate forums to decide on transfers of Officers on

administrative grounds. It is for the administration to take

appropriate decision, and such decision shall stand unless they are

vitiated by mala fides or by extraneous considerations without any

factual foundation. On the facts of the case at hand, the Apex

Court held that the orders of transfer having been issued on

administrative grounds, the expediency of those orders cannot be

examined by the court. In the said decision the Apex Court held

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further that the court cannot go into the question of relative

hardship. It is for the administration to consider the facts of a

given case and mitigate the real hardship in the interest of good

and efficient administration.

13. In Somesh Tiwari v. Union of India [(2009) 2 SCC

592] the Apex Court held that an order or transfer passed on

material, which was non-existent not only suffers from total non-

application of mind on the part of the authorities, but also suffers

from malice in law. Paragraphs 16 and 17 of the said decision read

thus;

'16. Indisputably an order of transfer is an administrative order. There cannot be any doubt whatsoever that transfer, which is ordinarily an incident of service should not be interfered with, save in cases where inter alia mala fide on the part of the authority is proved. Mala fide is of two kinds

- one malice in fact and the second malice in law. The order in question would attract the principle of malice in law as it was not based on any factor germane for passing an order of transfer and based on an irrelevant ground i.e. on the allegations made against the appellant in the anonymous complaint. It is one thing to say that the employer is entitled to pass an order of transfer in administrative exigencies, but it is another thing to say that the order of transfer is passed by way of or in lieu of punishment. When an order of transfer

2026:KER:9810

is passed in lieu of punishment, the same is liable to be set aside being wholly illegal.

17. An enquiry was initiated against the appellant in terms of the allegations contained in an anonymous letter. Having regard to the directives of the Central Vigilance Commission, no enquiry could have been initiated against him, but it is beyond any doubt or dispute that in the said enquiry, the allegations were found to be untrue. Despite the same not only an order of transfer was passed but to a station, which, according to the respondents themselves, was "harsh".'

14. In Kalabharati Advertising v. Hemant Vimalnath

Narichania [(2010) 9 SCC 437] the Apex Court discussed the

concept of 'malice in law'. It was held that 'legal malice' or 'malice

in law' means something done without legal excuse. It is an act

done wrongfully and willfully, without reasonable or probable

cause, and not necessarily an act done from ill feeling or spite. It

is a deliberate act in disregard to the rights of others. Where

malice is attributed to the State, it can never be a case of personal

ill will or spite on the part of the State. It is an act which is taken

with an oblique or indirect object. It means exercise of statutory

power for 'purposes foreign to those for which it is in law intended'.

It means conscious violation of the law to the prejudice of another,

a deprived inclination on the part of the authority to disregard the

2026:KER:9810

rights of others, which intend is manifested by its injurious acts.

Passing an order for unauthorised purpose constitutes malice in

law.

15. In Gopinathan M. v. State of Kerala [2014 (4) KLT

285], a Division Bench of this Court in which one among us [Anil

K. Narendran, J.] was a party, held that it is trite law that transfer

is an incident of service and an employee working on a

transferable post cannot claim, as a matter of right, that he should

be retained in a particular post or at a particular place. It is the

choice of the employer to determine how long the service of an

employee is required in a particular post or at a particular place.

The order of transfer does not affect any legal rights of the

employee, and the court or tribunal cannot interfere with an order

of transfer or posting, which is made in public interest or on

administrative exigency. However, if the power of transfer is

abused or the transfer is not made in public interest, but for

collateral purposes and with oblique motive, the order would stand

vitiated, warranting interference of the court or tribunal.

16. In Gopinathan M. [2014 (4) KLT 285], on the facts

of the case at hand, the Division Bench noticed that a perusal of

2026:KER:9810

Annexure A5 enquiry report submitted by the 3rd respondent

therein would show that based on the enquiry conducted on

26.06.2012, the 3rd respondent came to the conclusion that there

was no serious lapse on the part of the petitioners therein in

discharging their duties and the leave availed by them are lawful.

In the enquiry report it was also found that the petitioners, who

were working as HSA (Natural Science) and HSA (Physical

Science), respectively, in the Government Higher Secondary

School, Chettiyankinar have completed their portions in time, by

taking special classes, which were proved from the statements

given by the students. In such circumstances, the conclusion in

Annexure A5 enquiry report was that there was no truth in the

complaint made by the parents and there are no lapses on the

part of the petitioners in discharging their duties, warranting any

disciplinary proceedings. The details of the leave availed by the

petitioners, made it abundantly clear that the leave for 42 days

and 33 days respectively, referred to Annexure A5 enquiry report,

the petitioners were either on eligible leave or on other duty in

connection with arts festival, youth festival, teachers' training, etc.

It was also not in dispute that the percentage of marks in the

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subjects handled by the petitioners was high during the relevant

period and it has gone up to 100% in the subsequent academic

year. In addition to that, as evident from Annexure A6 resolution,

the Executive Committee of the Parent Teacher Association

unanimously resolved against the transfer of the petitioners from

Government Higher Secondary School, Chettiyankinar, which also

indicates that the complaints made against the petitioners are

baseless and the parents of the students have no connection

whatsoever with those complaints. It is in such circumstances, the

Division Bench arrived at a conclusion that Annexure A1 order of

transfer was issued without any factual foundation or legal

support. The said order passed on materials which were non-

existent, not only suffers from total non-application of mind but

also from malice in law, and that the said order is only a colourable

exercise of power by the 3rd respondent.

17. In Santhosh K. and another v. Chief Engineer

(HRM), Kerala State Electricity Board [2013 (4) KHC 624],

a Division Bench of this Court, in the context of the transfer

guidelines of employees issued by the Kerala State Electricity

Board (KSEB), held that it is salutary that the contents of both the

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KSEB orders cannot be treated as either statutory, or amounting

to conditions of service. They are essentially guidelines, relating

to transfers of employees of KSEB. The realm of judicial

intervention in such matters gets confined to a scrutiny as to

whether there is any vitiating element of mala fides, malice,

substantial legal and factual perversity or arbitrariness,

recognisable on the touch stones of the Fundamental Rights, as

enshrined in the Constitution, to visit the executive decision of the

KSEB as the employer.

18. In the instant case, the challenge made against

Annexure A4 order dated 25.07.2025 of the 1st respondent to the

extent the applicant is ordered to be transferred from Taxpayer

Services Division, Ernakulam South to Audit Division-3,

Perumbavoor is on the ground that it is in violation of the

'Minimum Tenure Policy' for transfer in Clause (2)(i) of Annexure

A5 guidelines for general transfer as well as Clauses 10(viii),

10(xi), 12(i) of the said guidelines. The grounds raised in

O.A.(EKM)No.1158 of 2025, which are reiterated in this OP(KAT),

would not make out a case of exercise of any statutory power by

the 1st respondent State for purposes foreign to those for which it

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is in law intended or an act done by the 1st respondent State

wrongfully and willfully, without reasonable or probable cause, to

disregard any legal rights of the petitioner-applicant, in order to

attract malice in law.

19. In National Hydroelectric Power Corporation Ltd.

v. Shri Bhagwan [(2001) 8 SCC 574], the Apex Court held that

unless the order of transfer is shown to be an outcome of mala

fide exercise of powers or in violation of the statutory provision, it

cannot be subjected to judicial interference, as a matter of routine.

In the said decision, it was held further, that the Courts or

Tribunals cannot substitute their own decision in the matter of

transfer for that of the management.

20. In Namrata Verma v. State of U.P. [2021 SCC

OnLine SC 3337], the Apex Court held that it is not for the

employee to insist to transfer him and/or not to transfer him at a

particular place. It is for the employer to transfer an employee

considering the requirement.

21. As noticed by the Tribunal in Ext.P5 order dated

02.02.2026 in O.A.(EKM)No.1158 of 2025, the ground raised in

the original application for challenging Annexure A4 order of

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transfer, to the extent it affects the applicant, is that the transfer

is in violation of various clauses of Annexure A5 guidelines for

transfer. There is absolutely no averment in the original application

regarding mala fides. In Ext.P5 order, while declining interference

on Annexure A4 order of transfer, the Tribunal has also placed

reliance on the decision of a Division Bench of this Court in

Niumathulla A.K. v. The Administrator, Union Territory of

Lakshadweep and others [2026:KER:2756] - judgment dated

13.01.2026 in O.P.(CAT)No.3 of 2026. In the said decision, placing

reliance on the decision of the Apex Court in Namrata Verma

[2021 SCC OnLine SC 3337] as well as the earlier decisions of

the Apex Court, the Division Bench of this Court held that transfer

is only an incident of service. Only on the ground of personal

inconvenience or that the tenure has not been completed, no order

of transfer can be interfered with. It is for the employer to transfer

and employee considering the requirement. Unless and until the

transfer is vitiated by mala fides or is made in violation of any

statutory provision, the court cannot interfere with the order of

transfer. Therefore, the reasoning of the Tribunal in Ext.P5 order

dated 02.02.2026 to decline interference on Annexure A4 order of

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transfer, to the extent the petitioner-applicant is ordered to be

transferred from Taxpayer Services Division, Ernakulam South to

Audit Division-3, Perumbavoor, cannot be said to be either

perverse or patently illegal.

22. Article 227 of the Constitution of India deals with power

of superintendence over all courts by the High Court. Under clause

(1) of Article 227 of the Constitution, every High Court shall have

superintendence over all courts and tribunals throughout the

territories in relation to which it exercises jurisdiction.

23. In Shalini Shyam Shetty v. Rajendra Shankar Patil

[(2010) 8 SCC 329] the Apex Court, while analysing the scope

and ambit of the power of superintendence under Article 227 of

the Constitution, held that the object of superintendence, both

administrative and judicial, is to maintain efficiency, smooth and

orderly functioning of the entire machinery of justice in such a way

as it does not bring it into any disrepute. The power of interference

under Article 227 is to be kept to the minimum to ensure that the

wheel of justice does not come to a halt and the fountain of justice

remains pure and unpolluted in order to maintain public

confidence in the functioning of the tribunals and courts

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subordinate to the High Court.

24. In Jai Singh v. Municipal Corporation of Delhi

[(2010) 9 SCC 385], while considering the nature and scope of

the powers under Article 227 of the Constitution of India, the Apex

Court held that, undoubtedly the High Court, under Article 227 of

the Constitution, has the jurisdiction to ensure that all subordinate

courts, as well as statutory or quasi-judicial tribunals exercise the

powers vested in them, within the bounds of their authority. The

High Court has the power and the jurisdiction to ensure that they

act in accordance with the well established principles of law. The

exercise of jurisdiction must be within the well recognised

constraints. It cannot be exercised like a 'bull in a china shop', to

correct all errors of the judgment of a court or tribunal, acting

within the limits of its jurisdiction. This correctional jurisdiction can

be exercised in cases where orders have been passed in grave

dereliction of duty or in flagrant abuse of fundamental principles

of law or justice.

25. In K.V.S. Ram v. Bangalore Metropolitan

Transport Corporation [(2015) 12 SCC 39] the Apex Court

held that, in exercise of the power of superintendence under

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Article 227 of the Constitution of India, the High Court can

interfere with the order of the court or tribunal only when there

has been a patent perversity in the orders of the tribunal and

courts subordinate to it or where there has been gross and

manifest failure of justice or the basic principles of natural justice

have been flouted.

26. In Sobhana Nair K.N. v. Shaji S.G. Nair [2016 (1)

KHC 1] a Division Bench of this Court held that, the law is well

settled by a catena of decisions of the Apex Court that in

proceedings under Article 227 of the Constitution of India, this

Court cannot sit in appeal over the findings recorded by the lower

court or tribunal and the jurisdiction of this Court is only

supervisory in nature and not that of an appellate court.

Therefore, no interference under Article 227 of the Constitution is

called for, unless this Court finds that the lower court or tribunal

has committed manifest error, or the reasoning is palpably

perverse or patently unreasonable, or the decision of the lower

court or tribunal is in direct conflict with settled principles of law.

27. In view of the law laid down in the decisions referred

to supra, the High Court in exercise of its supervisory jurisdiction

2026:KER:9810

under Article 227 of the Constitution of India cannot sit in appeal

over the findings recorded by the Administrative Tribunal. The

supervisory jurisdiction cannot be exercised to correct all errors in

the order of the Administrative Tribunal, acting within the limits of

its jurisdiction. The correctional jurisdiction under Article 227 can

be exercised only in a case where the order of the Administrative

Tribunal has been passed in grave dereliction of duty or in flagrant

abuse of fundamental principles of law or justice. Therefore, no

interference under Article 227 is called for, unless the High Court

finds that the Administrative Tribunal has committed a manifest

error, or the reasoning is palpably perverse or patently

unreasonable, or the decision of the Tribunal is in direct conflict

with settled principles of law or where there has been gross and

manifest failure of justice or the basic principles of natural justice

have been flouted.

28. Viewed in the light of the law laid down in the decisions

referred to supra, conclusion is irresistible that, when the

reasoning of the Tribunal in Ext.P5 order dated 02.02.2026 in

O.A.(EKM)No.1158 of 2025 for declining interference on Annexure

A4 order of transfer to the extent the petitioner-applicant is

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ordered to be transferred from Taxpayer Services Division,

Ernakulam South to Audit Division-3, Perumbavoor, is neither

perverse nor patently illegal, no interference of this Court under

Article 227 of the Constitution of India is warranted on the said

order passed by the Tribunal.

In the result, this original petition fails and the same is

accordingly dismissed.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

MURALEE KRISHNA S., JUDGE MSA

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APPENDIX OF OP(KAT) NO. 44 OF 2026

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF THE G.O.[P] NO. 90/2025/TAXES DATED 5.5.2025 EVIDENCING THE SELECT LIST OF OFFICERS FOR PROMOTION TO THE CADRE OF DEPUTY COMMISSIONER IN THE STATE GOODS AND SERVICES TAX DEPARTMENT PREPARED BY THE DEPARTMENTAL PROMOTION COMMITTEE [ HIGHER ] HELD ON 25.02.22025 FOR THE YEAR 2025 Annexure A2 A TRUE COPY OF THE G.O.[RT] NO.495/2025/TAXES DATED 26.5.2025 ISSUED BY THE 1ST RESPONDENT Annexure A3 TRUE COPY OF THE REPRESENTATION DATED 10.06.2025 SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT Annexure A4 TRUE COPY G.O.[RT] NO. 695/2025/TAXES DATED 25.07.2025 ISSUED BY THE 1ST RESPONDENT Annexure A5 TRUE COPY OF THE G.O.[P] NO. 3/2017/P&ARD DATED 25.02.2017 ISSUED BY THE 1ST RESPONDENT Annexure R1 [ a ] TRUE COPY OF THE JUDGMENT DATED 10.4.2025 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN OP [ KAT ] 163 OF 2025 Annexure A6 A TRUE COPY OF THE FINAL ORDER DATED 16.10.2024 IN OA 875/2024 PASSED BY THIS HONOURABLE TRIBUNAL Exhibit P1 A TRUE COPY OF O.A. NO.1158/2025 ON THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM ALONG WITH ANNEXURES Exhibit P2 A TRUE COPY OF INTERIM ORDER DATED 28.7.2025 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM BENCH IN O.A.

Exhibit P3 A TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT ( ALONG WITH ANNEXURE PRODUCED THEREWITH) IN O.A. NO.1158/2025 ON THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM BENCH Exhibit P4 A TRUE COPY OF THE REJOINDER DATED 20.1.2026 Exhibit P5 A TRUE COPY OF THE ORDER DATED 2.2.2026 IN OA[EKM ] 1158/2025 ON THE FILES OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

 
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