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Agimon P.T v. Appeal Committee (Grievance Redressal Committee)

Kerala HC11 Apr 2018WP(C)/306/2018

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Kerala State Electricity Board to consider and pass orders on the petitioner's transfer application from Kanhirode to Chovva, setting aside the Authority's bar based on one-year service eligibility pending disciplinary action.

What did the court decide?

Directed the respondents to consider and pass orders on the application for transfer submitted by the petitioner in accordance with law.

Agimon P.T Vs Appeal Committee (Grievance Redressal… — Service and Employment | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940

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WP(C).No. 306 of 2018

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PETITIONER:

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AGIMON P.T, SUB ENGINEER (ELECTRICAL), 220KV SUB STATION, KANHIRODE, KANNUR DISTRICT, HAVING RESIDENCE AT PULAPPUKANDATHIL, THOKKUPARA P.O, IDUKKI DISTRICT.

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BY ADV.SRI.JOSE J.MATHAIKAL

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RESPONDENT(S):

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1. THE APPEAL COMMITTEE (GRIEVANCE REDRESSAL COMMITTEE), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM -695 004 REPRESENTED BY CHIEF ENGINEER(HRM).

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2. THE CHIEF ENGINEER(HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.

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R1 & R2 BY SRI.M.K.THANKAPPAN, SC, SMT.ANEETHA A.G., SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts 13/4/2018

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WP(C).No. 306 of 2018 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT	P1	TRUE COPY OF THE ORDER NO.EB2/SE(E)/WPC31482/17 DATED 28/11/2017
EXHIBIT	P2	TRUE COPY OF TRANSFER APPLICATION DATED 27/5/2017
EXHIBIT	P3	TRUE COPY OF TRANSFER ORDER (RELEVANT PAGES) DATED 16/9/2017
EXHIBIT	P4	TRUE COPY OF OBJECTION DATED 20/9/2017
EXHIBIT	P5	TRUE COPY OF THE PETITION DATED 20/7/2017 BY PETITIONER
EXHIBIT	P6	TRUE COPY OF PETITION DATED 21/8/2017
EXHIBIT	P7	TRUE COPY OF JUDGMENT DATED 3/10/2017 IN WPC NO.31482/2017
EXHIBIT	P8	TRUE COPY OF TRANSFER GUIDELINES DATED 31/3/2017
EXHIBIT	P9	TRUE COPY OF JUDGMENT DATED 2/4/2018 IN WP(C) NO.9188 OF 2018
EXHIBIT	P10	TRUE COPY OF THE TRANSFER APPLICATION DATED 26/3/2018
EXHIBIT	P11	TRUE COPY OF THE NOTE DATED 23/3/2018

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RESPONDENT'S EXHIBITS:

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EXHIBIT R2(a)	TRUE COPY OF THE DATED 12/07/16	SUSPENSION ORDER NO.GBI/GEN/16-17/397
EXHIBIT R2(b)	TRUE COPY OF THE	MEDICAL CERTIFICATE ISSUED BY DR.DOLLY
	GEORGE OF HOLLY	FAMILY HOSPITAL, THODUPUZHA
EXHIBIT R2(c)	TRUE COPY OF THE	RELEVANT PORTION OF TRANSFER GUIDELINES
EXHIBIT R2(d)	TRUE COPY OF THE	EXCESS REPOSTING LOG

/TRUE COPY/

P.A.TO JUDGE

sts 13/4/2018

P.V.ASHA, J.

W.P.(C) No.306 of 2018

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Dated this the 11^th day of April, 2018

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JUDGMENT

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The petitioner is aggrieved by his transfer from Kanhirode to Chovva.

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The petitioner is a Sub Engineer who was working in Chithirapuram Electrical Section. While working so he was placed under suspension as per order dated 12.7.2016. Thereafter he was reinstated and posted at Kanhirode in Kannur District in February 2017. At the time of general transfer in 2017 he had requested for transfer to Adimali or to Chithirapuram. But the petitioner was transferred to Chovva in the same district. Aggrieved by the same he filed an appeal which was rejected as per Ext.P1 order in which it is stated that the petitioner was not due for transfer as he had not completed one year service and he will be eligible for transfer only after completion of one year service. The petitioner now says that in present general transfer, applications for transfer of persons against whom disciplinary proceedings are pending, would not be considered.

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A memo of charge was issued to the petitioner on 9.11.2016. Enquiry report was submitted on it on 7.8.2017. Complaining that disciplinary proceedings were not finalised, the petitioner had approached this Court in WP(C) No.9188 of 2018 and by Ext.P9

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W.P.(C) No.306/18

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:2:

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judgment produced along with IA No.7145 of 2018 this Court directed the respondents to finalize the disciplinary action against the petitioner within a period of three months from the date of receipt of copy of the judgment. The petitioner now seeks a direction to the respondents to consider his application for transfer.

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The respondents have filed counter affidavit stating the circumstances under which the petitioner was posted in Chithirapuram on reinstatement after suspension. In this counter affidavit it is stated that the petitioner will be eligible for transfer on completion of one year service in the present working station.

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In the above circumstances, there shall be a direction to the respondents to consider and pass orders on the application for transfer submitted by the petitioner in accordance with law.

Sd/-

P.V.ASHA JUDGE

rkc

W.P.(C) No.306/18

:3:

Agimon P.T v. Appeal Committee (Grievance Redressal Committee)

Case brief

What is this about?

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Agimon P.T v. Appeal Committee (Grievance Redressal Committee)

Case brief

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