High Court Kerala High Court

V.K.Sasidharan Nair vs The Managing Director on 17 March, 2009

Kerala High Court
V.K.Sasidharan Nair vs The Managing Director on 17 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7019 of 2009(V)


1. V.K.SASIDHARAN NAIR, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

2. THE WAREHOUSE MANAGER,

3. THE SHOP IN CHARGE,

                For Petitioner  :SRI.ELDHO PAUL

                For Respondent  :SRI.ELVIN PETER.P.J, SC,BEVERAGES CORPN

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :17/03/2009

 O R D E R
                  T.R.RAMACHANDRAN NAIR, J
             --------------------------------------------------
                  W.P.(C) No. 7019 of 2009
             ---------------------------------------------------
             Dated this the 17th day of March, 2009

                              JUDGMENT

The petitioner is an Abkari worker presently working as a

Salesman. The writ petition is filed challenging the order of

trnansfer, Ext.P3.

2. The petitioner has been working as a Salesman in the

FLI shop at Kuruppumpady under the Lean shop of Aluva, since

2007 onwards. In January, 2009, he requested for a transfer to

his own station at Kothamangalam in view of the illness of his

aged mother. By Ext.P1 order dated 20.01.2009, he was

transferred to the FLI shop Kothamangalam and was continuing

as such. By Ext.P3, again he was transferred to the Warehouse,

Aluva. According to the petitioner, the frequent transfers

effected as above is really an abuse of the power. There is no

administrative reason as such, also.

3. As directed by this Court, on behalf of the respondents

a statement has been filed along with Exts.R1(a) to (d)

documents. The statement reveals that while he was working in

the FLI shop, Kuruppumpady a complaint has been received

from the Shop-in-Charge to the Warehouse, Manager, Aluva.

wpc: 7019 of 2009
2

Mainly the allegation was his misbehaviour during the working

hours. It is explained in Ext.R1(b) memo. Another complaint

was that the petitioner used to consume liquor during the

working hours. Subsequently, a warning Ext. R1(c) was

ordered against him.

4. It is explained after his present transfer, by Ext.R1(d)

that other co-workers at Kothamangalam submitted a

complaint to the Shop-in-Charge alleging misbehaviour on the

part of the petitioner apart from taking alcoholic drinks. It is

therefore pointed out that he has been transferred to the

Warehouse, where he will be under the supervision of the

Manager which will avoid further troubles to the co-workers.

5. The learned counsel appearing for the petitioner

submitted that the allegations about the petitioner are not

correct and none of the customers have raised any complaint

against him. Be that as it may, now that the transfer is ordered

due to the alleged complaints against him it cannot be said that

there is abuse of the power. The transfer order is not issued

with any malafide intention.

wpc: 7019 of 2009
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6. This Court will not be justified in adjudicating the

factual disputes arising between the parties in this

proceedings. It is up to the petitioner to invoke the attention of

the first respondent if he has got a complaint that the alleged

complaints raised against him are without any basis.

Therefore, if the petitioner moves the Managing Director in the

matter by way of a representation, the same will be considered

and appropriate orders will be passed without delay.

7. The learned counsel appearing for the petitioner

prayed that the petitioner will be allowed to continue in

Kothamangalam till the matter is decided by the Managing

Director. The petitioner will join in the Warehouse, Aluva and

then avail appropriate remedies.

The Writ Petition is accordingly disposed of.

T.R.RAMACHANDRAN NAIR,
JUDGE
bps