IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 19593 of 2009(T) -------------------------- PETITIONER: ------------- K.N.SUNDARESAN NAMBOOTHIRI, MELSANTHI, THULIYIL SIVA TEMPLE, THALIYIL, KOTTAYAM DISTRICT. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT(S): ------------------ 1. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM. 2. THE CHIEF COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM. 3. DEVASWOM COMMISSIONER, NANDANCODE, THIRUVANANTHAPURAM. 4. ASSISTANT DEVASWOM COMMISSIONER, KOTTAYAM DISTRICT. 5. SUBRAMANYAN NAMBOOTHIRI, KEEZH SANTHI, PAKKIL DEVASWOM, PAKKIL, KOTTAYAM GROUP. ADV. SRI.P.GOPAL (SC-TDB) FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 19593 OF 2009 -------------------------- Dated this the 20th day of August, 2009 J U D G M E N T Heard Sri. S.Krishnamoorthy, the learned counsel appearing for the petitioner and Sri.P.Gopal, the learned standing counsel appearing for respondents 1 to 4. In the nature of the order I propose to pass, I do not deem it necessary to issue notice to or hear the fifth respondent. 2. The petitioner who was working as Santhi in the Vadayar Devaswom in the Vaikom Sub Group was transferred and posted as Melsanthi in the Thaliyil Siva Temple in the Kottayam Sub group. He joined duty in the said temple on 1.2.2009. Shortly thereafter, by Ext.P1 order dated 12.6.2009, the Assistant Devaswom Commissioner, Kottayam, transferred the petitioner to Paloorkavu Devaswom at Mundakayam in Kottayam District. The fifth respondent was transferred from Pakil Devaswom and posted in Thaliyil Siva Temple. Aggrieved by Ext.P1, the petitioner filed Ext.P2 representation before the Devaswom Commissioner. The petitioner contended that as he was posted at Thaliyil Siva Temple W.P.(C) No. 19593/09 2 only in February 2009, he is not due for transfer and that a transfer within four months of joining duty at Thaliyil Siva Temple will cause serious prejudice to him. This writ petition was thereafter filed challenging Ext.P1 and seeking a writ in the nature of mandamus commanding the respondents to retain him as Melsanthi at Thaliyil Siva Temple, 3. As directed by this Court, the fourth respondent has filed a counter affidavit wherein it is stated that the petitioner was transferred and posted in Thaliyil Siva Temple after he was subjected to various disciplinary proceedings for unauthorised absence in the temples where he had worked. It is stated that while the petitioner was working in Thaliyil Siva Temple also, he was unauthorisedly absent from 28.2.2009 to 4.3.2009. The fourth respondent has also stated that the petitioner was transferred out of Thaliyil Siva Temple in view of the fact that his continuance in the said Temple was detrimental to the interests of the devotees. The fourth respondent has also produced along with the counter affidavit Ext.R4(b), the order passed by the Devaswom Commissioner on Ext.P2 appeal wherein it is stated that the appeal is rejected on the ground that the W.P.(C) No. 19593/09 3 petitioner was posted in Kottayam Sub Group subject to the disciplinary action initiated against him while he had worked in other temples. 4. The petitioner has filed a reply affidavit wherein he has alleged that the Sub Group Officer has submitted a false report for the reason that the petitioner declined to give a portion of his salary to the Sub Group Officer. I have considered the submissions made at the Bar by the learned counsel appearing on either side. It is evident from Ext.R4(b) that the appellate authority, namely the Devaswom Commissioner, has not considered whether the order transferring the petitioner to Paloorkavu Devaswom near Mundakayam in Kottayam District which is far away from Thaliyil Siva Temple was warranted. The appellate authority has also not considered whether the petitioner could have been posted in another temple nearer to the temple where he was working. In my opinion, the order passed by the appellate authority is a cryptic order which does not contain any reason justifying the rejection of Ext.P2. I am therefore of the opinion that the appellate authority has failed to exercise the jurisdiction vested in it. W.P.(C) No. 19593/09 4 I accordingly allow this writ petition, quash Ext.R4(b) order passed by the Devaswom Commissioner to the extent it rejects Ext.P2 appeal filed by the petitioner and direct the Devaswom Commissioner to reconsider Ext.P2 appeal after affording the petitioner and the fifth respondent a reasonable opportunity of being heard. Final orders in the matter shall be passed within one month from the date on which the petitioner produces a certified copy of this judgment before the Devaswom Commissioner. It will be open to the petitioner to supplement Ext.P2 by filing an additional representation along with a certified copy of this judgment. It will also be open to the petitioner to point out the stations where he is willing to work. P.N.RAVINDRAN, JUDGE vps