Kerala High Court
P.K.Harikumar vs The Director on 15 February, 2016
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 9TH DAY OF DECEMBER 2016/18TH AGRAHAYANA, 1938
OP (CAT).No. 188 of 2016 (Z)
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AGAINST THE ORDER IN OA 180/2015 of CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH DATED 15-02-2016
PETITIONER(S):
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P.K.HARIKUMAR
S/O. BALAKRISHNAN NAIR,
ASSISTANT CHIEF TECHNICAL OFFICER,
KRISHIVIGYAN KENDRA OF CENTRAL MARINE
FISHERIES RESEARCH INSTITUTE (CMFRI),
NARAKKAL, KOCHI - 682 505, UNDER ORDERS OF
TRNSFER TO FIELD CENTRE OF CENTRAL MARINE
FISHERIES RESEARCH INSTITUTE, PURI - 752 002,
AND NOW WORKING THERE AS SUCH.
BY ADVS.SRI.P.K.MADHUSOODANAN
SRI.P.M.BINOY KRISHNA
RESPONDENT(S):
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1. THE DIRECTOR, CENTRAL MARINE FISHERIES
CENTRAL MARINE FISHERIES RESEARCH INSTITUTE,
(INDIAN COUNCIL OF AGRICULTURAL RESEARCH),
ERNAKULAM NORTH P.O., KOCHI - 682 018.
2. CHIEF ADMINISTRATIVE OFFICER
CENTRAL MARINE FISHERIES RESEARCH INSTITUTE,
(INDIAN COUNCIL OF AGRICULTURAL RESEARCH),
ERNAKULAM NORTH P.O., KOCHI - 682 018.
3. INDIAN COUNCIL OF AGRICULTURAL RESEARCH
REPRESENTED BY ITS SECRETARY,
INDIAN COUNCIL OF AGRICULTURAL RESEARCH,
KRISHI BHAVAN, NEW DELHI - 110 001.
R1 -R 3 BY ADV. SRI.P.SANTHOSH KUMAR, SC, ICAR
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 09-12-2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No. 188 of 2016 (Z)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE ORDER DT. 15.2.2016 IN OA/180/702/2015
BY THE HON'BLE CENTRAL ADMINISTATIVE TRIBUNAL, ERNAKULAM
BENCH.
P2 TRUE COPY OF THE OA/180/702/2015 BY THE PETITIONER,
BEFORE THE HON'BLE CAT, ERNAKULAM BENCH.
P3 TRUE COPY OF THE REPLY STATEMENT IN OA 702/2015.
P4 TRUE COPY OF THE REJOINDER IN OA/180/702 OF 2015 FILED
BY THE PETITIONER.
P5 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT HAS BEEN
FILED BY THE RESPNDENTS AGAINST EXT.P4.
P6 TRUE COPY OF THE ADDITIONAL REJOINDER IN OA/180/702 OF
2015 FILED BY THE PETITIONER.
P7 TRUE COPY OF THE ORDER DT. 03.3.2016 WHICH SERVED ON THE
PETITIONER ON 15/3/2016.
P8 TRUE COPY OF THE SHOW CAUSE NOTICE DT. 28/3/2016 ISSUED
TO THE PETITIONER.
P9 TRUE COPY OPF THE LETTER DATED 10/6/2013 BY THE DEPUTY
SECRETARY, INDIAN COUNCIL OF AGRICULTURAL RESERACH,
KRISHI ANUSANDHAN BHAVAN II, PUSA, NEW DELHI
P10 TRUE COPY OF the LETTER DATED 25.08.2015 BY THE DEPUTY
SECRETARY, INDIAN COUNCIL OF AGRICULTURAL RESEARCH,
KRISHI ANUSANDHAN BHAVAN II, PUSA, NEW DELHI.
P11 SERIES TRUE COPY OF THE LETTER DATED 26.09.2015 WITH COVER
PAGE AND BRIEF HISTORY
P12 TRUE COPY OF THE DATED 26.08.2015 ISSUED BY ADMINISTATIVE
OFFICER, CMFRI, KOCHI
P13 TRUE COPY OF THE LETTER DATED 22-9-2016 OF THE
SCIENTIST IN CHARGE, PME CELL, CMFRI
P14 TRUE COPY OF THE LETTER DATED 29.09.2016 OF THE ASSISTANT
ADMINISTRATIVE OFFICER, CMFRI, KOCHI
P15 TRUE COPY OF THE LETTER DATED 07.10.2016 OF THE SCEINTIST
IN CHARGE, PME CELL, CMFRI, KOCHI
P16 TRUE COPY OF THE LETTER DATED 17.09.2016 REQUESTING THE
1ST RESPONDENT TO PROVIDE NECESSARY MINIMUM REQUIREMENT
OR RESEARCH FACILITIES, SUBMITTED BY the PETITIONER
OP (CAT).No. 188 of 2016 (Z)
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:2:
RESPONDENT(S)' EXHIBITS
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EXT. R1 (a) : TRUE EXTRACT OF THE TECHNICAL SERVICE RULES UNDER
RULE 7.2
EXT. R1 (b) : TRUE EXTRACT OF LETTER DATED 03.04.2016
EXT. R1 (c) : TRUE EXTRACT OF LETTER DATED 23.07.2015
EXT. R1 (d) & (e) : TRUE EXTRACT OF LETTERS DATED 19.05.2014
EXT. R1 (f) : TRUE EXTRACT OF NOTE DATED 04.07.2016
/TRUE COPY/
P.A. TO JUDGE
P.R. RAMACHANDRA MENON & P. SOMARAJAN, JJ.
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O.P.(CAT) No. 188 of 2016
~~~~~~~~~~~~~~~~~~~~~
Dated, this the 9th day of December, 2016
JUDGMENT
Ramachandra Menon, J.
Grievance is against the order dated 15.02.2016 passed by the Central Administrative Tribunal in O.A. No. 180 of 2015, whereby the challenge raised against the transfer was repelled and the O.A. came to be dismissed.
2. Case projected by the petitioner is that, he was working as Assistant Chief Technical Officer, KVK of CMFRI, Narakkal. Because of some malafide action on the part of the officers concerned, every opportunity was being taken to harass the petitioner some way or the other. Finally, the petitioner was transferred from Kochi to Puri as per Annexure A1 order, which was stated as never in public interest and hence it was subjected to challenge by filing O.A. No. 180 of 2015 before the Tribunal.
3. The respondents filed reply statement seeking to sustain their action. After hearing both the sides, the Tribunal declined O.P.(CAT) No. 188 of 2016 : 2 : interference and the O.A. was dismissed, holding that no malafide intent was established, which according to the petitioner is not correct or sustainable and that the relevant aspects pointed out by the petitioner were not considered properly. Hence the Original Petition.
4. When the matter came up consideration before this Court on an earlier occasion, various interim orders were passed with regard to the nature of contentions raised. It is also brought to the notice of this Court that, in the course of further proceedings, the petitioner was relieved from Kochi and he joined duty at Puri. However, a submission was made from the part of the petitioner that he was having only less than two years of service as he will attain the age of superannuation on 31.05.2019. It was accordingly contended that he was entitled to have a posting in his Home State by virtue of the relevant Service Rules and that it was possible to have accommodated the petitioner in any of the sister concerns of the ICAR. Accordingly, an interim order was passed on 11.07.2016 requiring the learned standing counsel for the ICAR to get instructions on these points.
5. In response to the query raised whether there is any O.P.(CAT) No. 188 of 2016 : 3 : Scheme in the ICAR for giving posting to the employees who are due to retire within a short time in their Home State, it has been answered in the 'negative'. However with regard to the query whether the applicant could be given a posting in any sister concerns/institutions in the State, if the vacancies are available, it is stated that the applicant can be given a posting, provided such Institutions are willing to accommodate the petitioner. It is added that, disciplinary proceedings have already been initiated against the petitioner for the misconduct allegedly committed by him and that the proceedings are going on.
6. The learned counsel for the petitioner submits that a reply affidavit has been filed in response to the averments/stand taken by the respondents, which however is stated as lying defective.
7. The learned standing counsel for the respondents submits that, if at all any vacancy is pointed out by the petitioner in any of the sister concerns, there is no objection to have it considered, adding that the petitioner was given such a posting earlier, based on his representation.
8. In the above circumstances, we dispose of the Original Petition with liberty to the petitioner to prefer a representation O.P.(CAT) No. 188 of 2016 : 4 : before the competent authority of the ICAR for a posting in the Home State pointing out the vacancies, if any or in the sister concerns. It is also open for the petitioner to make a representation for transfer in respect of the common cadre to the extent it is permissible. On filing such representation, it shall be considered on merit and orders shall be passed, at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment. It is open for the Disciplinary authority to pursue the disciplinary proceedings stated as initiated against the petitioner, which shall be finalized at the earliest, at any rate, within 'six months' from today.
sd/-
P. R. RAMACHANDRA MENON, JUDGE sd/-
P. SOMARAJAN, JUDGE kmd /True copy/ P.A. to Judge