IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27351 of 2007(F)
1. C.S.MADHUSOODANAN,
... Petitioner
Vs
1. CHIEF ENGINEER (HRM),
... Respondent
2. EXECUTIVE ENGINEER,
3. THE ASSISTANT ENGINEER,
For Petitioner :SRI.DILIP MOHAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :14/09/2007
O R D E R
V.GIRI,J.
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W.P.(C) NO.27351 of 2007
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Dated this the 14th day of September, 2007
JUDGMENT
Aggrieved by Ext.P3 order of transfer, by which the petitioner, a
Senior Assistant, was transferred from the Electrical Section,
Chottanikkara to the Electrical Circle, Audit Office, Kasargode, he has
approached this Court by filing Writ Petition No.14145/2007. The same
was disposed of by Ext.P4 judgment. This Court found that the Court
can interfere with the transfer order only if it is in violation of the
statutory provisions or vitiated by malafides. It was further found that
the petitioner has not made out any such case in the writ petition. The
petitioner was permitted to move the Electricity Board by filing a
suitable representation along with a copy of the judgment. The Board
was directed to take a decision on the same within a period of one
month from the date of receipt of a copy of that representation.
According to the petitioner, he filed Ext.P5 representation as permitted
under Ext.P4. In Ext.P4 judgment, this Court has further directed that
the petitioner shall be re-admitted to duty at Chottanikkara and shall
be permitted to continue there for a period of two months or till the
W.P.(C)No.27351/2007 : 2:
Electricity Board takes a decision on Ext.P7 representation whichever
therein. Accordingly, he was not re-admitted to duty at Chottanikkara
pursuant to Ext.P4 judgment and therefore he has filed Contempt of
Court Case No.1180/2007 which is stated to be pending.
2. Ext.P6 communication from the Executive Engineer indicates
that the petitioner’s representation was disposed of by the Chief
Engineer on 21.8.2007. According to the petitioner, the said order is
not being communicated and that he is now required to go to
Kasargode vide Ext.P7 order.
3. I have heard the learned Senior Standing Counsel for the
Electricity Board Mr.Asok Cherian as well. This Court, had, as per
Ext.P4 judgment directed the Electricity Board to re-admit the
petitioner to duty at Chottanikkara and retain him therein for a period
of two months or till the representation, which he was permitted to file
thereunder, was disposed of. Mr.Asok Cherian submits that the
representation has been disposed of by Order dated 21.8.2007.
According to the petitioner, the copy has not been served on him.
Disposal of the representation can be said to have become complete
only when a copy is served on the representationist. In the
circumstances, copy of the proceedings stated to have been issued by
the CE(Charge) on 21.8.2007 will be communicated to the petitioner
by the respondents within a period of one week from today, if it is not
W.P.(C)No.27351/2007 : 3:
already communicated. The question as to whether it was actually
communicated to him or not are matters which may invite the
attention of the Court in the Contempt of Court Case stated to have
been preferred by the petitioner. In the circumstances, the relief of the
petitioner pursuant to Ext.P7 shall be kept in abeyance till the order
dated 21.8.2007 referred to in Ext.P6 is communicated to him.
The writ petition is disposed of as above.
V.GIRI, JUDGE
css
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