Disposed

Union of India and Others v. K.Vijayakumar

Kerala HC25 Jul 2011OP (CAT)/1880/2011

Case brief

AI extract

What is this about?

The Court, while disposing of a writ petition challenging a CAT stay order on a postal employee's transfer, held that no grounds existed to interfere with the interim order because the employee needs to be available for disciplinary enquiry. It directed the Department to find a suitable posting near the enquiry venue and advised completing the enquiry before challenging the transfer again.

What did the court decide?

The petition was disposed of; the stay order of the CAT was maintained in force pending completion of the enquiry, and the Department was directed to find a suitable posting to the appellant in and ar

Union of India and Others Vs K.Vijayakumar — Service and Employment | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR &

¶4

THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN

¶5

MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933

¶6

OP (CAT).No. 1880 of 2011(Z)

PETITIONERS

UNION OF INDIA,REP.BY CHIEF POSTMASTER GENERAL,KERALA CIRCLE, TRIAVANDRUM-695 033.

¶11

THE POSTMASTER GENERAL NORTHERN DIVISION, CALICUT-673011

¶12

THE SUPERINTENDENT OF POST OFFICES, OTTAPALAM,OTTAPALAM-679101

¶13

BY ADV. SHRI.SUNIL JACOB JOSE, CGC

¶14

RESPONDENT(S):

¶15

¶16

K.VIJAYAKUMAR,AGED 49 YEARS,

¶17

S/O.LATE.KUNHIKRISHNAN NAIR, POSTAL ASSISTANT THOTTAKARA P.O(UNDER ORDERS OF TRANSFER) OTTAPALAM DIVISION, R/A."ARUNODAYAM" KANNIAMBURAM,OTTAPALAM,PALAGHAT DISTRICT-678101.

¶18

ADV. SRI.M.A.SHAFIK FOR R

¶19

THIS OP (CAT) HAVING BEEN FINALLY HEARD

¶20

ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

OP(CAT) NO.1880/2011

¶22

APPENDIX

¶23

PETITIONERS' EXHIBITS

¶24

P1 : COPY OF O.A.440/11 FILED BY THE RESPONDENT HEREIN, ALONG WITH ANNEXURES.

¶25

P2 : COPY OF ORDER DATED 01/06/2011 OF THE TRIBUNAL.

¶26

P3 : COPY OF ORDER DATED 06/06/2011 OF THE TRIBUNAL.

¶27

RESPONDENT'S EXHIBITS

¶28

R1-(a) : COPY OF CHARGE SHEET ISSUED AS PER MEMORANDUM NO.SP/MISC. DATED 05/05/2011 ISSUED BY THE 3RD PETITIONER.

¶29

R1-(b) : COPY OF REQUEST DATED 26/05/2011 UNDER RTI ACT MADE BY THE RESPONDENT.

¶30

R1-(c) : COPY OF LETTER NO.RTI/147 DATED 13/06/2011 ISSUED BY THE 3RD PETITIONER.

//TRUE COPY//

PA TO JUDGE.

C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.

¶35

.................................................................... OP(CAT) No.1880 of 2011

¶36

.................................................................... Dated this the 25^th day of July, 2011.

¶37

J U D G M E N T

¶38

Ramachandran Nair, J.

¶39

This OP is filed challenging the order of the CAT staying transfer of the respondent from Thottakkara to Agali.

¶40

We have heard learned Standing Counsel appearing

¶41

for the petitioners and learned counsel appearing for the respondent.

¶42

After hearing both sides what we notice is that the respondent is facing enquiry on two charges of irregularities, both warranting only minor penalty. The respondent was transferred in the course of last six months as many as three times, the last of which is under challenge before the CAT. We do not find any ground to interfere with the interim orders issued by the CAT because even for completing the enquiry in time, the respondent has to be available at least somewhere

¶43

near the place of enquiry so that he can attend the enquiry

¶44

¶45

OP(CAT) No.1880/2011

¶46

proceedings. However, we make it clear that the Department can find a suitable posting to the appellant in and around Ottappalam.

¶47

The best course open to the petitioners is to complete the enquiry against the respondent and finalise the same and thereafter move the CAT for vacating the orders of transfer. The stay order of the CAT will remain in force until completion of the enquiry and finalisation of the enquiry proceedings, and thereafter the petitioners are free to move the CAT for vacating the stay or for final hearing of the challenge against the transfer orders.

¶48

This OP(CAT) is disposed of as above.

¶49

(C.N.RAMACHANDRAN NAIR, JUDGE)

¶50

(P.S.GOPINATHAN, JUDGE)

¶51

Union of India and Others v. K.Vijayakumar

Case brief

What is this about?

What did the court decide?

Union of India and Others v. K.Vijayakumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sapna Maria Gomez Vs the University of Kerala and Another

Aneesha Remesh Vs State of Kerala

Rajeev Viswan Vs State Information Commissioner

The Commissioner of Custom Vs M/S. Kitex Garments Ltd.

Parrisons Roller Flour Mills (P) Ltd. Vs the Asst.Commissioner of Income Tax

Trivandrum Metals & Electricals Vs State of Kerala