IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 17120 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------ 1. BHUVANACHANDRAN, S/O.KARUNAKARAN NAIR, AGED 49 YEARS, GRADE HEAD CONSTABLE-9861, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT II, THIRUVANANTHAPURAM. 2. SANAL KUMAR, S/O.KESAVAN NAIR, PCT-1165, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT II, THIRUVANANTHAPURAM. 3. VIJAYAN, S/O.YASAYA, GRADE HEAD CONSTABLE-9249, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT II, THIRUVANANTHAPURAM. 4. SIVADASAN, S/O.S.APPU, PCT-1221, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT II, THIRUVANANTHAPURAM. 5. GOPAKUMAR, S/O.PARAMESWARAN NAIR, PCT-1383, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT II, THIRUVANANTHAPURAM. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------------------- 1. THE DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 001. 2/- -2- WP(C)NO.17120/2011 2. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM, PIN-695 001. 3. THE SUPERINTENDENT OF POLICE (INTELLIGENCE), VIGILANCE AND ANTI CORRUTION BUREAU, SPECIAL INVESTIGATION UNIT-II, THIRUVANANTHAPURAM, PIN-695 001. 4. THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM, PIN-695 001. R1 TO R4 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011,ALONG WITH WPC NO. 17714 OF 2011 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.17120/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.CO.960/10 TC DATED, 2/11/2010 OF THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. P2 COPY OF THE ORDER OF THE FIRST RESPONDENT AS DGO NO.762/2010 DATED, 11/8/2010. P3 COPY OF THE ORDER OF THE FIRST RESPONDENT AS DGO NO.635/2011 DATED, 15/6/2011. P4 COPY OF THE ORDER AS S.O.NO.157/2011 DATED, 23/6/2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES: ANNEX R1(A) COPY OF THE ERRATUM LETTER DATED 8/7/2011. /TRUE COPY/ P.A.TO.JUDGE sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)Nos.17120, 17276, 17714 & 19684 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2011 J U D G M E N T The petitioners in all these writ petitions are working in Vigilance and Anti Corruption Bureau. The common grievance of the petitioners is against the order of transfer and posting effected as per order DGO No.635/2011 dated 15.6.2011. The said order has been produced in WPC No.17120/2011 as Ext.P3. In Ext.P3 it is stated thus:- “The following Police Personnel are transferred and allotted to V&ACB with immediate effect. They should be given suitable postings in the V&ACB Units. All the personnel allotted should be accommodated in V&ACB. If there is shortage in vacancy the senior most personnel should be repatriated to their parent unit under intimation to Police Headquarters.” (underline supplied) Relying on the above extracted portion from DGO dated 15.6.2011 it is contended that repatriation to the parent units has to be effected in the order of seniority. In other words, the senior most personnel in V&ACB units should be repatriated to their parent units. The grievance of the petitioners in all these writ petitions is that even after specifically making the norm for repatriation as above senior most personnel were retained in V&ACB units and the WPC.Nos.17120/2011 and connections. : 2 : petitioners who are juniors have been chosen for repatriation. It is in the said circumstances that these writ petition have been filed challenging the order viz., DGO No.635/2011 dated 15.6.2011 to the extent it ordered repatriation of the petitioners ignoring the above mentioned norm. 2. A statement has been filed on behalf of the first respondent in WPC No.17120/2011. Along with the same an Erratum letter dated 8.7.2011 has been produced as Ext.R1 (a). As already noticed hereinbefore, in Ext.P3 referred above, the words 'senior most personnel' have been employed. As per Ext.R1(a) the erratum letter dated 8.7.2011 the said words were deleted and substituted by the words “longest serving personnel”. It is stated in Ext.R1(a) that DGO No.635/2011 dated 15.6.2011 stands modified to the said extent. Therefore, in the light of Annexure R1(a) the above extracted sentence in Ext.P3 should be read as follows:- If there is shortage in vacancy the longest serving personnel should be repatriated to their parent unit under intimation to Police Headquarters” The words 'longest serving personnel' necessarily have to be understood with reference to the subject. Evidently, the subject is repatriation to parent units from V&ACB units. Therefore, the period of stay in V&ACB units assume WPC.Nos.17120/2011 and connections. : 3 : relevance. Ext.P3 is dated 15.6.2011 and Erratum letter is dated 8.7.2011. Since, Ext.P3 viz., DGO No.635/2011 dated 15.6.2011 stood modified to the said extent by virtue of Annexure R1(a), it requires reconsideration of Ext.P3 in the light of the said Erratum letter dated 8.7.2011 to the extent it ordered repatriation in the case of the petitioners. It will also be open to the said authority to make a review of Ext.P3 dated 15.6.2011 to the extent it ordered repatriation after putting on notice to all personnel concerned with repatriation from V&ACB units to parent units, in the light of the modification effected to Ext.P3 as per Ext.R1(a). This shall be done by the State Police Chief looking into Annexure R1(a) with notice to personnel who are likely to be effected by such a re-visit. This shall be done expeditiously, at any rate, within a period of two months from the date of receipt of copy of this judgment with notice to the petitioners and also the person/persons likely to be effected. These writ petitions are disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge