The High Court directed the first respondent to consider and finalize the petitioner's pending appeal regarding his transfer from the CRPF station at Pallipuram to Jammu and Kashmir within two months.
Directed the first respondent to consider and finalise the appeal filed by the petitioner and pass a speaking order within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 25TH DAY OF SEPTEMBER 2012/3RD ASWINA 1934
WP(C).No. 12010 of 2012 (A)
PETITIONER(S):
BIJU LAZER, IRLA NO. 3399, COMMANDANT CENTRAL RESERVE POLICE FORCE, GROUP CENTRE PALLIPURAM, THIRUVANANTHAPURAM RESIDING AT QUARTER NO.1/5, GROUP CENTRE PALLIPPURAM, THIRUVANANTHAPURAM.
BY ADV. SRI.P.SREEKUMAR
RESPONDENT(S):
1. DIRECTOR GENERAL,
2. THE INSPECTOR GENERAL (PERSONNEL)
3. DEPUTY INSPECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, GROUP CENTRE, PALLIPURAM THIRUVANANTHAPURAM - 695 316
4. AJAY BHARATAN, DIG, CRPF, GROUP CENTRE,
PALLIPPURAM, THIRUVANANTHAPURAM698 316.
R1-R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.12010/2012
APPENDIX
PETITIONER(S) EXHIBITS
P1:-COPY OF THE OFFICE ORDER ADMITTING HIM TO DUTY AT PALLIPURAM WITH EFFECT FROM 25/09/2010.
P2:- COPY OF THE ORDER DATED 17/01/2012 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE LETTER DATED 09/03/2012 ISSUED BY THE 3RD RESPONDENT. P4:- COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 09/05/2012
P5:- COPY OF THE APPEAL PETITION DATED 16/05/2012 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
RESPONDENTS' EXHIBITS
R3(a):- COPY OF THE STANDING ORDER NO.29/2001. R3(b):- COPY OF THE ORDER DTD. 12.10.2011. R3(c):- COPY OF THE ORDER DTD. 13.7.2012.
//TRUE COPY//
P.A. TO JUDGE
tss
P.R.RAMACHANDRA MENON, J.
W.P.(c) No. 12010 OF 2012
Dated this the 25th day of September , 2012
JUDGMENT
The transfer of the petitioner from the present station at Pallippuram to the 14th Battalion ( which is now stationed in Jammu and Kashmir) as per Ext.P4 is under challenge.
The learned counsel for the petitioner submits that, the petitioner happens to be the Chairman of the Co-operative store, who had
WP(C)No.12010/2012
2
occasion to come across various shady transactions being pursued at the instance of the third respondent, which in turn was questioned by the petitioner, who made it point blank that he could not be a party to such an exercise particularly in purchasing various items without proper bills. It is pointed out that the third respondent was waiting for an opportunity to see the petitioner ousted and made an adverse report, which in turn has been glibly swallowed by the second respondent, issuing Ext.P4 order of transfer.
WP(C)No.12010/2012
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the first respondent would consider and finalise the appeal without any delay.
to consider and finalise Ext.P5 appeal and pass a speaking order in tune
with the relevant provisions of law and communicate the same to the petitioner, at the earliest and at any rate within 'two months' from the date of receipt of a copy of this judgment. The interim order passed by this Court on 25/05/2012 will continue till such time.
Writ petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE
sv.
WP(C)No.12010/2012 4
2 issues framed by the court
Whether the transfer order impugned is a colourable exercise of power against an officer who questioned shady transactions.
Whether the Directorate General of Central Reserve Police Force is required to consider and finalize the appeal filed by the petitioner.
Biju Lazer
Director General, Central Reserve Police Force
The Inspector General (Personnel), Central Reserve Police Force
Deputy Inspector General, Central Reserve Police Force, Group Centre, Pallipuram
Ajay Bharatan
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
