IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 17792 of 2011(Y) -------------------------- PETITIONER(S): --------------------- NO.014501047 PRAMOD.K.K, CONSTABLE CENTRAL INDUSTRIAL SECURITY FORCE,COCHIN PORT TRUST UNIT, COCHIN 682 003. BY ADVS. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENT(S): ------------------------ 1. THE ASSISTANT COMMANDANT,CENTRAL INDUSTRIAL SECURITY FORCE,COCHIN PORT TRUST UNIT, COCHIN 682 003. 2. THE SENIOR COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE, COCHIN PORT TRUST UNIT, COCHIN 682 003. 3. THE DEPUTY INSPECTOR GENERAL,CENTRAL INDUSTRIAL SECURITY FORCE(CISF),SOUTH ZONE, CHENNAI. 4. THE DIRECTOR GENERAL,CENTRAL INDUSTRIAL SECURITY FORCE HEADQUARTERS,BLOCK NO.13,CGO COMPLEX,LODHI ROAD,NEW DELHI-3. ADDL. 5TH RESPONDENT IMPLEADED ------------------------------------------------------- ADDL.R5. THE INSPECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE, SOUTH SECTOR, CHENNAI 9. IMPLEADED AS PER IA.11337/2011, DATED 21.7.2011. R1 TO 4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, ALONG WITH WP(C) NO.19864/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17792 of 2011(Y) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF MEDICAL CERTIFICATE DATED 11.8.2009 ISSUED BY THE COCHIN PORT TRUST H0SPITAL. EXT.P2. COPY OF THE MEDICAL RECORDS ISSUED BY THE AMRITHA INSTITUTE OF MEDICAL SCIENCE. EXT.P3. COPY OF THE RELEVANT PORTION OF ORDER NO.E- 42099/CISF/AD/POSTING/CPT/011-2476 DATED 20.6.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P4. COPY OF THE REQUEST DT. 20.6.2011 TO THE 3RD RESPONDENT. EXT.P5. COPY OF THE ORDER NO.V-15014/USP/ADMN.IV/2011/2554 DATED 25.6.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P6. COPY OF THE ORDER DT. 6.5.2009 ISSUED BY THE 1ST RESPONDENT. EXT.P7. COPY OF THE REQUEST DT. 29.6.2011 ADDRESSED TO THE 1ST RESPONDENT. EXT.P8. COPY OF THE REQUEST DT. 29.6.2011 DDRESSED TO THE 2ND RESPONDENT. EXT.P9. COPY OF THE REQUEST DT 29.6.2011 ADDRSSED TO THE 3RD RESPONDENT. EXT.P10 COPY OF THE OFFICE MEMORANDUM DT. 1.7.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P11. COPY OF THE REPRESENTATION DT. 2.7.2011 TO THE INSPECTOR GENERAL, CISF SS HQRS. CHENNAI. RESPONDENT'S EXHIBITS : NIL. -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NOs. 17792 & 19864 OF 2011 -------------------------------------------- Dated this the 21st day of July, 2011 JUDGMENT In the former Writ Petition, the petitioner challenges his transfer from CSIF Unit, Kochi to CISF Unit, SCCL Singrani as per Ext.P3. In the latter Writ Petition, he challenges Ext.P5 order whereby he was placed under suspension. The facts, in succinct, are as follows:- 2. While working at CSIF Unit, Kochi, the petitioner was placed under orders of transfer to CSIF Unit, SCCL, Singrani as per Ext.P3 (in both Writ Petitions). He submitted Ext.P4 representation before the third respondent to review Ext.P3 order of transfer citing the reason that he is a person afflicted with allergic rhinosinustis and allergic bronchitis. Later, as Ext.P5 order dated 25.6.2011, the petitioner was placed under suspension. Ext.P12 in the latter Writ Petition would reveal that subsequently, the petitioner was directed to attend the first batch of marine training scheduled to be held with effect from 27.6.2011 at FSTI/NISA Hyderabad. Though necessary movement order for the journey and railway warrants were sent to him, he refused to accept them. Admittedly, the petitioner had not attended the said training. In fact, on receipt of W.P.(C) Nos.17792 & 19864/2011 2 Ext.P3 order of transfer, the petitioner has submitted Exts.P4 and P9 representations, referred as such in the former Writ Petition, before the third respondent. As per Ext.P10, the petitioner was intimated that the third respondent could not modify the original order of posting and in case he is desirous, he could submit fresh application before the Inspector General, CISF SS Headquarters, Chennai. In the said circumstances, the petitioner has submitted Ext.P11 representation and, admittedly, the said representation is now, pending before the additional 5th respondent. 2. In the meanwhile, the petitioner was placed under suspension as per Ext.P5 in contemplation of disciplinary proceedings. Feeling aggrieved by the order of suspension, he submitted Ext.P7 & P8 representations, referred as such in W.P.(C).No.19864 of 2011 respectively before the first and second respondents to revoke the same. However, the same was rejected as per Ext.P10 order dated 1.7.2011 of the second respondent. Against Ext.P10 order, the petitioner has preferred Ext.P11 appeal before the third respondent. It is also pending. In view of the said position obtained in these Writ Petitions, I am inclined to dispose of these Writ Petitions as hereunder:- As the third respondent is the authority competent to consider W.P.(C) Nos.17792 & 19864/2011 3 Ext.P11 appeal preferred against Ext.P10 order refusing to revoke the order of suspension, without making any observation as to the merits of the contentions raised in the Writ Petition as also in the said Ext.P11, W.P. (C).No. 19864/2011 is disposed of with a direction to the third respondent viz., the Deputy Inspector General, CISF, South Zone, Chennai to consider and pass orders on Ext.P11 appeal in accordance with law, expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. W.P.(C).No. 17792/2011 is disposed of with a direction to the additional 5th respondent viz., the Inspector General, CISF, South Sector, Chennai-9 to consider and pass orders on Ext.P11 application submitted by the petitioner against Ext.P3 order of transfer dated 20.6.2011, expeditiously. It is made clear that this Court has not made any observation as to the merits of the contentions. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) Nos.17792 & 19864/2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) Nos.17792 & 19864/2011 5