Kerala High Court
Union Of India vs K.Vijayakumar on 25 July, 2011
Bench: C.N.Ramachandran Nair, P.S.Gopinathan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP (CAT).No. 1880 of 2011(Z)
1. UNION OF INDIA,REP.BY CHIEF POSTMASTER
... Petitioner
2. THE POSTMANSTER GENERAL
3. THE SUPERINTENDENT OF POST OFFICES,
Vs
1. K.VIJAYAKUMAR,AGED 49 YEARS,
... Respondent
For Petitioner :SHRI.SUNIL JACOB JOSE, CGC
For Respondent :SRI.M.A.SHAFIK
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :25/07/2011
O R D E R
C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.
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OP(CAT) No.1880 of 2011
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Dated this the 25th day of July, 2011.
J U D G M E N T
Ramachandran Nair, J.
This OP is filed challenging the order of the CAT staying transfer of the respondent from Thottakkara to Agali.
2. We have heard learned Standing Counsel appearing for the petitioners and learned counsel appearing for the respondent.
3. After hearing both sides what we notice is that the respondent is facing enquiry on two charges of irregularities, both warranting only minor penalty. The respondent was transferred in the course of last six months as many as three times, the last of which is under challenge before the CAT. We do not find any ground to interfere with the interim orders issued by the CAT because even for completing the enquiry in time, the respondent has to be available at least somewhere near the place of enquiry so that he can attend the enquiry OP(CAT) No.1880/2011 2 proceedings. However, we make it clear that the Department can find a suitable posting to the appellant in and around Ottappalam.
The best course open to the petitioners is to complete the enquiry against the respondent and finalise the same and thereafter move the CAT for vacating the orders of transfer. The stay order of the CAT will remain in force until completion of the enquiry and finalisation of the enquiry proceedings, and thereafter the petitioners are free to move the CAT for vacating the stay or for final hearing of the challenge against the transfer orders.
This OP(CAT) is disposed of as above.
(C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg