IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 20411 of 2010(B) -------------------------- PETITIONER(S): --------------- M.T.RADHAKRISHNAN, U.D.CLERK, OFFICE OF THE DEPUTY DEVASWOM COMMISSIONER, THIRUVABHARANAM, ARANMULA, PATHANAMTHITTA. BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJU R.KARTHA RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. THE DEPUTY DEVASWOM COMMISSIONER, OFFICE OF THE DEPUTY DEVASWOM COMMISSIONER, THIRUVABHARANAM, ARANMULA, PATHANAMTHITTA. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR RPTS. SRI.P.GOPAL FOR RPTS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.20411 OF 2010(B) -------------------------------------------------- Dated this the 16th day of July, 2010 J U D G M E N T Petitioner is an Upper Division Clerk in the office of the Deputy Devaswom Commissioner (Thiruvavbharanam) in Aranmula Office. By Ext.R2(c) he applied for transfer to Ayiroor Puthiyakavu Temple, Pattanakkadu Temple and Udayamperur Temple as Sub Group Officer. When Ext.P8 general orders of transfer was issued, the request made by the petitioner was not allowed. He filed Ext.P1 appeal to the Board. By Ext.P9, that was forwarded to the Devaswom Commissioner for a report. It is stated that the Devaswom Commissioner forwarded the report on 11.6.2010. However, on the basis that he also exercised appellate power in view of Ext.P4 order of this court, Devaswom Commissioner dealt with Ext.P1 appeal and passed Ext.P2 order transferring the petitioner as Sub Group Officer of Pattanakkad Sub Group. However, that order was subsequently canceled by the Devaswom Commissioner himself by Ext.P3 order. It was thereupon that this writ petition is filed. WPC.No. 20411/2010 :2 : 2. The main contention raised by the counsel for the petitioner is that Ext.P8 order was passed by the Devaswom Commissioner effecting transfer and postings and that he filed Ext.P1 appeal aggrieved by Ext.P8. It is contended that the appellate order namely Exts.P2, and P3 canceling the said order, were passed by the same authority which counsel contends is impermissible. 3. On the other hand respondents seek to justify the Devaswom Commissioner's action relying on Ext.P4 order passed by this court. It is also now brought to my notice that subsequent to the issuance of the impugned orders guidelines are modified and at present it is the Deputy Devaswom Commissioner in the Office of the Devaswom Commissioner, who is the competent authority for effecting transfers and postings of non gazetted employees like the petitioner. Counsel submits that the appeal is provided to the Devaswom Commissioner and further revision is provided to the Board itself. 4. On facts thus it is obvious that in this case the original order of transfer, viz. Exts.P8, Ext.P2 appeal and Ext.P3 order canceling the said order were passed by the same authority, viz. the WPC.No. 20411/2010 :3 : Devaswom Commissioner. In my view, an authority cannot exercise appellate powers over his own orders and applying that principle necessarily Exts.P2, and P3 order canceling Ext.P2, needs to be invalidated. Accordingly, I set aside Ext.P2 to the extent it transfer the petitioner and Ext.P3 canceling the same. 5. It is now reported that new Board has assumed office and it has revisional powers. Therefore, I direct that the first respondent shall consider Ext.P1 filed by the petitioner against Ext.P8. The Board shall consider Ext.P1 and pass orders thereon as expeditiously as possible and at any rate within 4 weeks of receipt of a copy of the judgment. In the meantime status quo as on date so far as the petitioner's continuance as U.D clerk in Aranmula Office shall be maintained. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 20411/2010 :4 :