Kerala High Court
P.K.Unnikrishnan vs The State Co-Operative Federation For ... on 31 January, 2012
Author: K. Vinod Chandran
Bench: C.N.Ramachandran Nair, Babu Mathew P.Joseph, K. Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 26TH DAY OF MARCH 2012/6TH CHAITHRA 1934
WA.No. 595 of 2012
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AGAINST THE JUDGMENT IN WPC.34209/2011 DATED 31-01-2012
APPELLANT /APPELLANT/PETITIONER IN THE W.P(C):
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P.K.UNNIKRISHNAN,ASSISTANT MANAGER, MATSYAFED DISTRCT OFFICE
KASARAGODE, (FORMERLY ASSISTANT MANAGER
OBM DIVISION, (OUTBOARD MOTOR DIVISION)
WILLINGDON ISLAND, KOCHI-3.
BY ADVS.SRI.P.LEELAKRISHNAN
SRI.SHYAM KRISHNAN
RESPONDENTS/RESPONDENTS /RESPONDENTS IN THE W.P(C).:
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1. THE STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT,
(MATSYAFED), REPRESENTED BY ITS MANAGING DIRECTOR
KAMALESWARAM, MANACAUD P.O.
THIRUVANANTHAPURAM 695 009.
2. MANAGING DIRECTOR,
KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT
(MATSYAFED), KAMALESWARAM, MANACAUD P.O.
THIRUVANANTHAPURAM 695 009.
3. K. SOMARAJAN,
MANAGING DIRECTOR
KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT
(MATSYAFED), KAMALESWARAM, MANACAUD P.O.
THIRUVANANTHAPURAM 695 009.
4. T.V. RAMESHAN,
MANAGER, MATSYAFED, KOZHIKODE DISTRICT OFFICE
WEST HILL, KOZHIKODE-5. [FORMER MANAGER
MATSYAFED OBM DIVISION
(OUT BORARD MOTOR DIVISION), WILLINGDON ISLAND
KOCHI-3.
5. MANAGER,
MATSYAFED, OBM DIVISION, (OUTBOARD MOTOR DIVISION)
WILLINGDON ISLAND, KOCHI-3.
6. P.G. UNNIKRISHNAN,
ASSISTANT MANAGER, MATSYAFED, OBM DIVISION
(OUTBOARD MOTOR DIVISION), WILLINGDON ISLAND
KOCHI-3.
BY SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26-03-2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jma
C.N.RAMACHANDRAN NAIR
&
K. VINOD CHANDRAN, JJ.
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W.A. No. 595 of 2012
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Dated this the 26th day of March, 2012.
J U D G M E N T
C.N. Ramachandran Nair, J.
The appellant, an Assistant Manager who served for 20 years in Kochi was transferred to Kazargode, which was the challenge before the learned Single Judge, but without success. Counsel appearing for the appellants submitted before us that false allegations were raised against him by vested interests which led to the Managing Director, transferring him. Counsel for the first respondent took notice on admission and submitted that allegations were not only against the appellant but also against the Manager and both were transferred simultaneously. We do not find any justification to interfere with the judgment of the learned Single Judge, because transfer is a routine matter and the fact that the appellant was allowed to continue for 20 years in the same station, does not mean that he has a right to Writ Appeal No. 595/2012 2 continue there until retirement. However there is some force in the contention of the appellant's counsel that when transfer is coupled with the false allegation against the appellant, there will be a stigma on the appellant, everybody tending to believe that the transfer is a virtual punishment. We therefore feel that the appellant should be cleared of the allegations and if in enquiry, the allegations are found to be baseless and if the transfer is only on account of the allegation, then the appellant should be restored back to the station clearing him of all the allegations against him. We accordingly dispose of the writ appeal directing the first respondent to conduct enquiry on the allegations and if the appellant is exonerated from the allegations, to restore him to the original station, if, but for the allegation, transfer would not have taken place. Enquiry should be completed within three months but with a rider that appellant should not ask for adjournment unnecessarily, delaying the matter.
Sd/-
C.N. RAMACHANDRAN NAIR (Judge) Sd/-
K. VINOD CHANDRAN (Judge) jma //true copy// P.A to Judge