High Court Kerala High Court

Kumari Aswathy vs The Managing Director on 23 January, 2009

Kerala High Court
Kumari Aswathy vs The Managing Director on 23 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 643 of 2009(B)


1. KUMARI ASWATHY, SALESMAN, COIRFED
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

2. THE SHOWROOM MANAGER

3. SUNIL, SYSTEM ANALYST NOW IN CHARGE OF

4. RAHIM, SHOWROOM MANAGER

                For Petitioner  :SRI.P.SREEKUMAR

                For Respondent  :SRI.K.S.HARIHARAPUTHRAN, SC, COIRFED

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :23/01/2009

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                    W.P(C).No.643 OF 2009
                 -------------------------------------------
             Dated this the 23rd day of January, 2009


                             JUDGMENT

1. The petitioner, who has various personal reasons in her

request to continue in Charummood in Alappuzha district,

stands accused in Exts.P2 and P4 memo of charges, on

different grounds. But the allegations therein do not appear to

be those which could ultimately invite a major penalty, going

by any yardstick of service law. I say this without prejudice to

disciplinary proceedings; only for appreciating the challenge

made by her to the impugned transfer order, by which, she has

been shifted from Charumoodu to Palghat. Her case is that as

evidenced by Ext.P1, her husband requires her presence and

attention and that she is being victimised by the impugned

transfer.

2. As of now, I am not prepared to conclude that the transfer

deserves to be set aside by any authority in exercise of any

statutory or constitutional power. The respondent is an apex

co-operative society. It is amenable to the jurisdiction under

WPC.643/09

Page numbers

Section 69 of the Kerala Co-operative Societies Act, 1969. It

may not fall within the trappings of Article 12 of the

Constitution.

3. Though Ext.P5 is apparently a transfer on account of the

disciplinary proceedings and is not one which reflects to be

one in the exigencies of service, it would be open for the

Managing Director to consider the request of the petitioner for

re-consideration of the order of transfer. But the petitioner is

yet to make such a request to the Manging Director. Under

such circumstances, it is directed that if the petitioner makes

a representation for re-consideration of Ext.P5 transfer order,

that would be considered by the first respondent Managing

Director provided the petitioner has already joined Palghat. In

such event, the Managing Director would consider the case of

the petitioner sympathetically having regard to Ext.P1. The

writ petition is ordered accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.