Lakshadweep HC dismissed an OP challenging an interim order of the Central Administrative Tribunal. The CAT had declined to stay a transfer of a police constable before his tenure ended due to an enquiry into a liquor seizure incident. The HC found no ground to interfere.
The OP (CAT) stands dismissed; the Transfer Order remains operative.
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 &
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 8TH DAY OF AUGUST 2017/17TH SRAVANA, 1939
OP (CAT).No. 224 of 2017 (Z) -----------------------------
AGAINST THE ORDER IN OA 181/2017 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 20-07-2017
PETITIONER(S):
ABDUL RAZAK.K.P S/O.K.C ABOOSALA, AGED 30 YEARS, POLICE CONSTABLE, B NO 436 KANNIPURA HOUSE, KADMAT ISLAND, UT OF LAKSHADWEEP 682 556
BY ADVS.SRI.SAIBY JOSE KIDANGOOR SRI.P.M.MOHAMMED SALIH SRI.BENNY ANTONY PAREL SMT.S.SIBHA SRI.MATHEWS RAJU SRI.N.B.BALACHANDRAN
RESPONDENT(S):
R1-3 BY ADV. SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 08-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No. 224 of 2017 (Z) -----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 TRUE COPY OF THE O.A NO 181/00583/2017 FILED BY THE PETITIONER BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER IN O.A NO 181/00583/2017 DATED 20-07-2017 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, EERNAKULAM BENCH
EXHIBIT P3 TRUE COPY OF THE MA NO 181/718/2017 RESPONDENT(S)' EXHIBITS -----------------------
/TRUE COPY/
P.A. TO JUDGE
P.R. RAMACHANDRA MENON & SHIRCY V., JJ
Dated, this the 8th day of August, 2017
JUDGMENT
Ramachandra Menon , J.
Challenge is against Ext. P2 order dated 20.07.2017 passed by the Tribunal, whereby the prayer for interim stay, with regard to transfer of petitioner from Kadamth Police Station to Kiltan Police Station ordered as per Annexure A2 dated 01.06.2017, was declined by the Tribunal .
O.P.(CAT) No. 224 of 2017
: 2 :
completing the said period, the petitioner has now been transferred out as per Annexure A2 from Kadamath to Kiltan, which made him to submit Annexure A3 representation before the second respondent/Superintendent of Police, which however did not yield any positive result. This made the petitioner to approach the Tribunal by filing O.A. to interdict the transfer and also prayering for interim stay.
O.P.(CAT) No. 224 of 2017
: 3 :
absolutely no pith or substance in the submission made by the Department before the Tribunal and also before this Court, to the effect that the petitioner was a member of the team who was involved in the incident in connection with the seizure of the illicit liquor. It is stated that the petitioner was actually discharging the “law and order” duty and it was to establish the said fact that, a copy of the relevant register was produced before the Tribunal along with M.A., copy of which has produced also before the this Court, as borne by Ext. P3. The learned counsel submits that the petitioner is having absolutely no connection whatsoever with regard to the incident. As such, transfer ordered is premature, as per the transfer norms, which is per se arbitrary and illegal and hence under challenge.
O.P.(CAT) No. 224 of 2017
: 4 :
before the Tribunal. This Court does not find any reason to interfere with Ext. P2 order passed by the Tribunal. Accordingly, O.P. stands dismissed. However, this Court expresses the hope, that this being a transfer matter, it would be finalized by the Tribunal as expeditiously as possible.
sd/-
P. R. RAMACHANDRA MENON, JUDGE
sd/-
SHIRCY V., JUDGE
kmd
/True copy/
P.A. to Judge
2 issues framed by the court
Whether an interim order declining stay on transfer of a police constable before completing the tenure should be interfered with by the High Court.
Whether the Department's submission regarding the petitioner's involvement in an illicit liquor seizure incident was disclosed in the impugned Tribunal order.
1 provisions across 1 enactments
Abdul Razak.K.P
The Administrator of Lakshadweep
Superintendent of Police
Station House Officer
P.R. Ramachandra Menon
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
