IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 6566 of 2004(F) ------------------------- PETITIONER(S): --------------- 1. ZAMORIN RAJA OF CALICUT, SUKRITHA, CHALAPPURAM, CALICUT-2. 2. MANAGER, TALI DEVASWOM, CALICUT. BY ADV. SRI.M.C.SEN (SR.) SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN RESPONDENT(S): --------------- 1. COMMISSIONER OF HR & CE(D) CIVIL STATION KOZHIKODE. 2. DEVADASAN S/O. UNNIKRISHNAN NAMBISSAN, SREE NILAYAM PALATH. R1 BY GOVERNMENT PLEADER SMT. SMITHA R2 BY ADV. SRI.JACOB ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF ORDER OF THE FIRST RESPONDENT DATED 21.5.2001 EXT.P2 TRUE COPY OF JUDGMENT IN OP 16618 OF 2002 DATED 21.3.2003 OF THIS HON'BLE COURT. EXT.P3 TRUE COPY OF REVISION PETITION FILED BY THE 2ND RESPONDENT DATED..4.2003 TO THE GOVT. OF KERALA. EXT.P4 TRUE COPY OF ORDER DATED 15.12.2003 OF THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- W.P.C. No. 6566 OF 2004 -------------------------------------------- Dated this the 5th day of November, 2008 JUDGMENT Ramachandran Nair,J. WPC is filed challenging the re-appointment of the second respondent in the second petitioner's temple as an employee even after he was found guilty of misappropriation and was removed from the post ( Executive Officer Gr. IV) of another temple. Petitioners' case is that second respondent, though worked as an employee of Tali Temple, on promotion by HR & CE Department, he was transferred to another temple and posted as Executive Officer Gr. IV. While holding that post, enquiry was conducted on allegations of misappropriation by the second respondent and on enquiry he was found guilty of the charges levelled against him. Inspite of grave irregularities found against the second respondent, the first respondent ordered his reversion and posting in the Tali temple managed by the petitioners. In the first place, petitioners contend that there is no post available for the second respondent as the post left by him on promotion and transfer was filled up with another person. Further, it is contended by 2 petitioners that a man found unfit in the temple administration on finding of misappropriation should not be employed in the reputed temple managed by the petitioners. We agree with the arguments of counsel for the petitioners and hold that posting is not permissible when vacancy is no longer available in the temple from where second respondent was promoted and transferred. Secondly, a person found involved in misappropriation and other grave irregularities in a temple should not have been reinstated in another temple without their consent. In this view of the matter, there is no necessity for us to go into other contentions raised by the petitioners, such as their right to appoint employees in their temples. It is for the Commissioner to find suitable post for the second respondent elsewhere as we find that petitioners are not bound to absorb him in their temple where there is no post. All proceedings against petitioners are quashed. W.P. is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3