Kerala High Court
Sindhu R Nair vs State Of Kerala on 25 January, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945
W.P.(C) NO.1312 OF 2024
PETITIONER:
SINDHU R NAIR, AGED 56 YEARS,
D/O.LATE PADMAVATHY AMMA, RESIDING AT FLAT NO.1 AB,
ALPHA VIOLET, SREE GOKULAM HARMONIA, KANGARAPADI,
THRIKKAKARA NORTH KOCHI -682 021
NOW WORKING AS GENERAL MANAGER-IN CHARGE,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK, HEAD OFFICE,
THIRUVANANTHAPURAM, PIN - 695 001
BY ADVS.
K.B.PRADEEP
HARISANKAR .R
HRIDYALAKSHMI P.
M.UNNIKRISHNAN
RESPONDENTS:
1 STATE OF KERALA, DEPARTMENT OF CO-OPERATION,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 ADDL. CHIEF SECRETARY, DEPT. OF VIGILANCE,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
3 THE DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION BUREAU,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001
4 REGISTRAR OF CO-OPERATIVE SOCIETIES
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001
5 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK, HEAD OFFICE, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN-695 001
2
WPC. 1312/2024
6 SUPERINTENDENT OF POLICE,
OFFICE OF THE SUPERINTENDENT OF POLICE-CENTRAL ZONE,
ERNAKULAM, PIN - 682 030
7 SECRETARY TO GOVERNMENT, COOPERATION (D)
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001
BY ADVS.
NISHA GEORGE
SR.GOVERNMENT PLEADER, SMT.MARY BEENA JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WPC. 1312/2024
JUDGMENT
(Dated: 25th January, 2024) The petitioner has approached this Court challenging Ext.P10 order of transfer, by which she was transferred as Chief Inspecting Officer(NZ), which is in Kannur, and another person by name Abdul Shukur Naha, Chief Inspecting Officer(NZ) is posted in the place of the petitioner where she was holding the charge of General Manager.
2. Heard Sri. K.B.Pradeep, counsel for the petitioner, senior counsel Sri.George Poonthottam, assisted by Sri. Navaneeth Krishna, for the 5th respondent and also the learned senior Government Pleader.
3. During the course of the argument, it is brought to the notice that another writ petition is filed by the petitioner as W.P (C) No.38127 of 2023, challenging Exts.P1 and P2 in this writ petition. Ext.P1 is a report filed by the Director of Vigilance to the Additional Chief Secretary of State. On the basis of the said report, Ext.P2 was issued. This Court, after hearing the parties, held that Exts.P1 and P2 should be kept in abeyance, which was subsequently extended by this Court on 08.01.2024, for a period of two months. 4 WPC. 1312/2024
4. Though several grounds are raised challenging Ext.P10 during the course of the argument, a query was put to the counsel appearing for the 5th respondent as to whether any post is available in Cochin to accommodate the petitioner.
5. Learned senior counsel on getting instructions from the 1st respondent submitted that the post of Principal of the Training Centre in Ernakulam will become vacant on the superannuation of the present incumbent. Therefore, if the petitioner makes a request for a posting as Principal of Training Centre Ernakulam, the same would be considered in accordance with the law.
6. The counsel for the petitioner submits that, though she was transferred, her joining time expired on 22.01.2024 (as per Ext.P10) and she has not even applied for leave as of today. Learned senior counsel submits that if the petitioner submits a leave application in proper form, the same will also be considered.
In the light of the said submission, the petitioner shall submit leave from 23.01.2024 to 31.01.2024, the date on which the vacancy of the Principal falls vacant, and the same shall be considered, favourably, and orders shall be passed before 31.01.2024. If the petitioner files an application for transfer from the present post from which she has been relieved to the post of 5 WPC. 1312/2024 Principal Training Centre, the said application shall also be considered, and appropriate orders shall be passed on or before 31.01.2024. The merits of challenge to Exts.P1 and P2 have not been considered by this Court in this writ petition, and it is left open to be decided in W.P.(C)No.38127 of 2023. With the above directions, this writ petition is disposed of.
Sd/-
BASANT BALAJI, JUDGE ss 6 WPC. 1312/2024 APPENDIX OF WP(C) 1312/2024 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE PROCEEDINGS DATED 07-09-2023 ISSUED BY THE 3 RD RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER DATED 16-10-2023 THE 2ND RESPONDENT HAS ISSUED AN ORDER FOR TAKING ACTION AGAINST THE PETITIONER, AS RECOMMENDED BY EXT. P-1.
Exhibit P3 TRUE COPY OF THIS LETTER IS ADDRESSED TO THE GENERAL MANAGER OF THE 4TH RESPONDENT DATED 04-07-2015.
Exhibit P4 TRUE COPY OF THE LETTER DATED 13-05-2015 Exhibit P5 TRUE COPY OF THE UNSIGNED STATEMENT DATED 20-01-2021 PURPORTED TO BE MADE BY THE PETITIONER Exhibit P6 TRUE COPY OF THE LETTER DATED 23-01-2021 ISSUED BY THE INSPECTOR OF POLICE Exhibit P7 TRUE COPY OF THE 5th RESPONDENT HAS GIVEN A REPLY DETAILING THE NAMES OF PERSONS INCLUDED IN THE SUB-COMMITTEE FORMED UNDER RESOLUTION DATED 29-01-2013 AND RESOLUTION DATED 29-01-2014.
Exhibit P8 TRUE COPY OF THE ORDER DATED 23/11/2023 IN WPC 38127/2023 Exhibit P9 TRUE COPY OF THE ORDER DATED 08/01/2024 IN WPC 38127/2023 Exhibit P10 TRUE COPY OF THE ORDER DT. 6/1/2024 BY THE 5th RESPONDENT COMMUNICATED TO THE PETITIONER BY E-MAIL IN THE MORNING HOURS OF 10/1/2024 RESPONDENT EXHIBITS:
Exhibit-R5(a) True copy of the letter No.D2/225/2023/Co-OP dated 16.10.2023 issued by the Government Exhibit-R5(b) True copy of the relevant portion of the minutes of the Managing Committee meeting of the KSCARD Bank held on 23.11.2023 Exhibit-R5(c) True copy of the relevant portion of the Minutes of the Board meeting held on 21.12.2023 7 WPC. 1312/2024 Exhibit-R5(d) True copy of the screenshot of the e-mail communicating Exhibit-P10 order.
Exhibit-R5(e) True copy of the newspaper report published in Malayala Manorama dated 28.04.2018 Exhibit-R5(f) True copy of the joining report dated 11.01.2024 issued by the Chief Inspecting Officer.
Exhibit-R5(g) True copy of the attendance register maintained at the Bank for the month January 2024.
PETITIONER EXHIBITS Exhibit P11 TRUE COPY OF THE PHOTOGRAPH TAKEN AT 10.32 A.M ON 11-01-2024 OF THE ATTENDANCE REGISTER FOR THE MONTH OF JANUARY 2024 Exhibit P11 A TRUE COPY OF THE PHOTOGRAPH ZOOMED UP VERSION TAKEN AT 10.32 A.M ON 11-01-2024 OF THE ATTENDANCE REGISTER FOR THE MONTH OF JANUARY 2024 Exhibit P12 TRUE COPY OF THE PHOTOGRAPH OF THE ATTENDANCE REGISTER TAKEN AT 5.17 P.M DATED 11-1-2024 Exhibit P12 A TRUE COPY OF THE PHOTOGRAPH OF THE ZOOMED UP VERSION ATTENDANCE REGISTER TAKEN AT 5.17 P.M DATED 11-1-2024 Exhibit P12 B TRUE COPY OF THE PHOTOGRAPH OF THE ZOOMED UP VERSION ATTENDANCE REGISTER TAKEN AT 5.17 P.M DATED 11-1-2024 EXHIBIT P13 True copy of the order communicated to me through e-mail on 10-01-2024 at 2:57 PM.
However, the Managing Director of the 5th Respondent has forwarded the transfer order to me by WhatsApp by 10:51 AM itself, from her handphone bearing number +91 94475 64150. Exhibit P14 TRUE COPY THE PHOTOGRAPH TAKEN AT 10.32 A.M ON 11-01-2024 OF THE ATTENDANCE REGISTER FOR THE MONTH OF JANUARY 2024, Exhibit P15 TRUE COPY OF THE SCREENSHOT IMAGE CONTAINING EXT.P-10