Petitioner Divisional Manager filed writ petition regarding delayed disposal of his internal appeal by first respondent forest department authority, seeking direction for expeditious consideration.
Directed first respondent to take up the pending internal appeal filed by petitioner and dispose it on merits within one month of receipt of this judgment.
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 SUNIL THOMAS
MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943
WP(C) NO. 16969 OF 2021
PETITIONER/S:
T.K.RADHAKRISHNAN, AGED 55 YEARS S/O.T.K. KUNHUNNI, DIVISIONAL MANAGER, THE KERALA FOREST DEVELOPMENT CORPORATION, THRISSUR-680027.
BY ADVS. V.A.MUHAMMED M.SAJJAD
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE MANAGING DIRECTOR, THE KERALA FOREST DEVELOPMENT CORPORATION LIMITED, AARANYAKOM, KARAPUZHA, KOTTAYAM-686003.
3 O.M. MIDUL, DIVISIONAL MANAGER, THE KERALA FOREST DEVELOPMENT CORPORATION, GAVI DIVISION, VANDIPERIYAR-685533, IDUKKI DISTRICT.
OTHER PRESENT:
DHEERAJ A.S. (G.P)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16969 OF 2021
2
JUDGMENT
Petitioner is working as the Divisional Manager in Kerala Forest Development Corporation at Thrissur Division. He was transferred to Thrissur pursuant to a direction of this court in November 2019. According to the petitioner, he will retire in 2024 and in yet to complete three years of service, at Thrissur. Now he is transferred to Mananthavadi. The petitioner moved Ext.P5 appeal before the Government. The grievance of the petitioner is that, in spite of considerable delay, the first respondent has not taken up and decided Ext.P5 appeal.
WP(C) NO. 16969 OF 2021
3
date of receipt of a copy of this judgment.
Writ Petition is disposed of.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
WP(C) NO. 16969 OF 2021
4
APPENDIX OF WP(C) 16969/2021
PETITIONER EXHIBITS
| Exhibit | P1 TRUE COPY OF THE DATED 18/12/2019 |
ORDER NO. E1-428/2019 OF THE 2ND RESPONDENT. |
|---|---|---|
| Exhibit | P2 TRUE COPY OF THE NO.20386/2019 DAT |
JUDGMENT IN WPC ED 07/11/2019. |
| Exhibit | P3 TRUE COPY OF THE DATED 01/07/2021 |
ORDER NO. E1-92/2021 OF THE 2ND RESPONDENT. |
| Exhibit | P4 TRUE COPY OF THE DATED 06/07/2021 |
ORDER NO. E1/92/2021 OF THE 2ND RESPONDENT. |
| Exhibit | P5 TRUE COPY OF THE 1ST RESPONDENT DA |
APPEAL FILED BEFORE THE TED 09/07/2021. |
3 issues framed by the court
Whether the first respondent should be directed to take up and decide the pending internal appeal filed by the petitioner.
Whether the internal appeal filed by the petitioner is being delayed in a manner violative of the principles of natural justice.
Whether the petitioners transfer and pending appeal prima facie justify grant of appropriate direction.
T.K. Radhakrishnan
State of Kerala
Managing Director, Kerala Forest Development Corporation
O.M. Midul
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
