High Court Kerala High Court

T.Baburaj vs The Hindustan Insecticides … on 19 February, 2007

Kerala High Court
T.Baburaj vs The Hindustan Insecticides … on 19 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32321 of 2006(W)


1. T.BABURAJ, DEPUTY PRODUCTION MANAGER
                      ...  Petitioner

                        Vs



1. THE HINDUSTAN INSECTICIDES LIMITED,
                       ...       Respondent

2. THE CHIRMAN-CUM-MANAGING DIRECTOR,

3. THE DEPUTY GENERAL MANAGER (P&A),

4. K.K.JOSEPH, GENERAL MANAGER,

5. SRI.BALASUBRAMANIAN,

6. K.K.DHAR,

                For Petitioner  :SRI.ELVIN PETER P.J.

                For Respondent  :SRI.A.M.SHAFFIQUE

The Hon'ble MR. Justice K.K.DENESAN

 Dated :19/02/2007

 O R D E R
                             K.K.DENESAN, J

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                      W.P.(C)NO.32321  of 2006

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           Dated this the 19th   day  of  February, 2007



                                 JUDGMENT

The petitioner has been working as Deputy Production

Manager (Technical) under the respondents. He challenges

Ext.P3 order transferring him from the Udyogamandal Unit of the

first respondent to Bathinda in Punjab passed by the third

respondent. The petitioner is Serial No.3 in that order. The

impugned order shows that besides the petitioner, one Mathew

Varghese has been transferred from Udyogamandal Unit to

Rasayani Unit, Maharashtra, Sri.R.K.Goswami and Sri.

A.K.Srivastava from Rayasani Unit to Udyogamandal Unit.

2. Ext.P3 is challenged mainly on the ground that it is

vitiated by malafides. The circumstances under which the

petitioner feels that his transfer from Udyogamandal Unit to

Bathinda is vitiated by malafides, are the following:

W.P.(C)No. 32321/2006 :2:

3. The petitioner is the Vice President of Hindustan

Insecticides Limited Officers Association. The President of the

Association is a Member of Parliament Dr.Sebastian Paul. As the

Vice President of the Association, the petitioner had to take very

many causes in order to protect the interest of the officers as well

as that of HIL. Recently the Company proposed to erect an

Incinerator. In order to erect the said Incinerator tenders were

invited by the Company and thereafter the contract was awarded

to M/s HAAT, which is a Bangalore based Company. Respondents

4 and 5 played a dubious role in awarding contract to M/s HAAT.

The decision to award contract to M/s HAAT was taken by a

Committee which consisted of respondents 4 and 5 as well as the

petitioner and other few officers. After the award of the contract

to M/s HAAT, during the execution of the contract M/s HAAT

committed various procedural irregularities. The materials used

for erection of Incinerator was of low quality and far below the

standards required to be maintained by the Company as laid

down in the conditions of the contract. The petitioner wanted to

protect the interest of the Company and objected to the

W.P.(C)No. 32321/2006 :3:

execution of the contract by M/s HAAT. When the petitioner

raised his objection in the execution of the erection of Incinerator

by M/s HAAT, respondents 4 and 5 who had given cart-blanche to

M/s HAAT to execute the contract as they like on extraneous

considerations, removed the petitioner from the Committee by

divesting of his duties as the Deputy Protection Manager

(Technical). Thereafter respondents 4 and 5 sanctioned payments

to M/s HAAT in gross violation of the conditions of the contract

for personal gains and on extraneous considerations. The

petitioner, on coming to know of the above illegal activities of

respondents 4 and 5 submitted a representation (Ext.P1) through

the Secretary of the Association to the 4th respondent. The

submission of Ext.P1 was not welcomed by respondents 4 and 5

and they found it inconvenient to perpetuate their illegality.

Regarding the erection of Incinerator in the Company by M/s

HAAT and the payments made there were widespread allegations

which were reported in all the leading Newspapers. The

petitioner as the Vice President of the Association as well as other

Officers of the Association compelled the 4th respondent to

W.P.(C)No. 32321/2006 :4:

convene a meeting to clarify the entire issue. Hence the 4th

respondent left with no other remedy was compelled to convene

a meeting in the 3rd week of July, 2006. In the said meeting

majority of the officers participated and the petitioner as the Vice

President of the Association had to ask several questions which

were inconvenient to the 4th respondent. Consequently, the 2nd

respondent himself had to convene a meeting in the month of

September, 2006. In the said meeting the petitioner as well as

other Officers brought to the notice of the Chairman and

Managing Director, the illegalities committed by respondents 4

and 5 in connection with the erection of the Incinerator by M/s

HAAT. Regarding the entire issue of erecting the Incinerator and

the allegations of corruption which were in air, the Central

Bureau of Investigation (CBI) conducted an investigation. Raids

were conducted in the residence as well as the offices of

respondents 4, 5 and 6 and the CBI being convinced that there

was corruption in the erection of Incinerator by M/s HAAT,

registered a FIR against respondents 4 to 6 as well as the Officers

of M/s HAAT.

W.P.(C)No. 32321/2006 :5:

4. The above allegations made by the petitioner are sought

to be countered by the sworn averments made in the affidavit

filed on behalf of respondents 1 and 3. The counter affidavit

while denying the allegations in the W.P.(C) inter alia says

“………….. the Bhathinda Unit of the Company was

commissioned in 2003. The Unit employs around 300

personnel and there existed a requirement of a

Chemical Engineer at the level of Deputy Manager.

The Unit operates full-scale formulation facilities

handling various chemicals and qualified Chemical

Engineer at senior level is an absolute necessity for

safe operations of the plants. It was in order to fill up

the said vacancy, the Head Office of the Company was

considering the availability of suitable person with

qualification in Chemical Engineering and adequate

experience. While considering the suitability of the

candidates available, the Head Office also considered

whether such candidates could be spared from their

present assignments. While so, the Head Office

decided that the petitioner was the ideal person to be

transferred and posted without affecting the

production or other work of the Udyogamandal Unit.

It was also decided that suitable alternate

arrangements will be made by assigning the duties of

the post that were discharged by the petitioner to the

existing Officers of the Units.”

5. Having considered the submissions made by the counsel

on either side, I am of the view that it may not be safe to draw

the inference that the petitioner’s transfer is the result of the

W.P.(C)No. 32321/2006 :6:

alleged ill will or displeasure entertained by the respondents, as

apprehended by the petitioner. The fact that certain contingencies

arose in the wake of the implementation and operation of the

first respondent Company in different parts of the country, is

evident from the pleadings of the respondents. Bhathinda Unit of

the company was commissioned in 2003. That Unit employs

around 300 personnel. The Company is in need of a Chemical

Engineer at the level of Deputy Manager. While dealing with the

problem of filling up the vacancy of a Chemical Engineer in that

Unit, the question of transferring a duly qualified Manager came

up for consideration. It was found that the petitioner’s service

would be useful for the effective operation of the Bathinda Unit

and Ext.P3 order was passed.

6. It is pertinent to note that it is not the petitioner alone

who has been transferred from Udyogamandal Unit to a place

outside the State. Sl.No.1 in Ext.P3 has been transferred to the

State of Maharashtra. The allegation that the active role played

by the petitioner in bringing out certain misdeeds on the part of

some of the officers has led to the impugned transfer does not

W.P.(C)No. 32321/2006 :7:

appear to be the basic reason for passing an order in the nature

of Ext.P3. Probably, because of the role played by him, as stated

above, he might have entertained the bonafide feeling that he

has been chosen for a transfer to a far away place. Such feelings

alone cannot form the foundation for demolishing Ext.P3. In the

above view of the matter, the contention that Ext.P3 is vitiated

by malafides is rejected. I do not propose to interfere with

Ext.P3 order. The prayer is declined.

7. The petitioner has been on leave ever since he has been

served with Ext.P3 order. As rightly submitted by the Counsel for

the petitioner, there is good reason for him to remain on leave.

Personal reasons coupled with the interim order passed by this

Court on 5.12.2006 justifies his conduct. Now that I have

declined to interfere with Ext.P3, the petitioner has to go and

take charge of the assignment given to him as per Ext.P3.

Standing Counsel for the respondents submits that immediately

on certain important and urgent works getting executed, it will be

open to the petitioner to apply for leave and also for re-transfer

to Udyogamandal, if he so chooses. I think, the petitioner will be

W.P.(C)No. 32321/2006 :8:

well advised to join duty, discharge the essential works to be

carried out there, and immediately thereafter, to apply for leave.

Simultaneously, he can apply for re-transfer to Udyogamandal. I

make it clear that such application filed by the petitioner shall be

considered with due compassion since he is directed to take

charge of a work far away from his native place, for, it will

always be the desire of any sensible person to come back to his

native place and to serve the employer in a peaceful atmosphere

during the rest of his service period.

With the above observations, the writ petition is disposed

of.

K.K.DENESAN, JUDGE

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W.P.(C)No. 32321/2006 :9: