IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 OP (CAT).No. 1880 of 2011(Z) ---------------------------- PETITIONERS ------------------------------- 1. UNION OF INDIA,REP.BY CHIEF POSTMASTER GENERAL,KERALA CIRCLE, TRIAVANDRUM-695 033. 2. THE POSTMASTER GENERAL NORTHERN DIVISION, CALICUT-673011 3. THE SUPERINTENDENT OF POST OFFICES, OTTAPALAM,OTTAPALAM-679101 BY ADV. SHRI.SUNIL JACOB JOSE, CGC RESPONDENT(S): --------------- K.VIJAYAKUMAR,AGED 49 YEARS, S/O.LATE.KUNHIKRISHNAN NAIR, POSTAL ASSISTANT THOTTAKARA P.O(UNDER ORDERS OF TRANSFER) OTTAPALAM DIVISION, R/A."ARUNODAYAM" KANNIAMBURAM,OTTAPALAM,PALAGHAT DISTRICT-678101. ADV. SRI.M.A.SHAFIK FOR R THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) NO.1880/2011 APPENDIX PETITIONERS' EXHIBITS P1 : COPY OF O.A.440/11 FILED BY THE RESPONDENT HEREIN, ALONG WITH ANNEXURES. P2 : COPY OF ORDER DATED 01/06/2011 OF THE TRIBUNAL. P3 : COPY OF ORDER DATED 06/06/2011 OF THE TRIBUNAL. RESPONDENT'S EXHIBITS R1-(a) : COPY OF CHARGE SHEET ISSUED AS PER MEMORANDUM NO.SP/MISC. DATED 05/05/2011 ISSUED BY THE 3RD PETITIONER. R1-(b) : COPY OF REQUEST DATED 26/05/2011 UNDER RTI ACT MADE BY THE RESPONDENT. R1-(c) : COPY OF LETTER NO.RTI/147 DATED 13/06/2011 ISSUED BY THE 3RD PETITIONER. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... OP(CAT) No.1880 of 2011 .................................................................... 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