IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 6157 of 2011(T) ------------------------- PETITIONER(S): --------------- HOJA NAZARUDEEN, S/O. MEERA SAHIB, AGED 51 YEARS, ANAND BHAVAN, VETTOOR.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.RAJESH KANNAN SMT.MAJIDA.S RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM-695001. 2. MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM-695036. 3. CHIEF ENGINEER (HRD & GL), KERALA WATER AUTHORITY,THIRUVANANTHAPURAM-695036. 4. SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE,THIRUVANANTHAPURAM-695036. 5. ASST. EXECUTIVE ENGINEER, WATER SUPPLY DIVISION, VARKALA-695141. 6. ASST.ENGINEER, WATER SUPPLY SECTION NO.1 KERALA WATER AUTHORITY, VARKALA-695141. ADV. SRI.C.UNNIKRISHNAN, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6157 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE ORDER NO.PHC/E1-1807/07 DATED 5.2.2011. EXT.P2: TRUE COPY OF THE ORDER DATED 17.3.2010 OF THE 5TH RESPONDENT. EXT.P3: TRUE COPY OF THE ORDER DATED 19.1.2011 OF THE 5TH RESPONDENT. EXT.P4: TRUE COPY OF THE ORDER DATED 24.11.2010 OF THE 5TH RESPONDENT. EXT.P5: COPY OF THE TRANSFER ORDER OF JALEEL. EXT.P6: COPY OF THE NEWSPAPER REPORTED THE WATER SHORTAGE PROBLEM. EXT.P7: COPY OF THE REPORT OF THE ASST. ENGINEER DATED 23/11/2010. EXT.P8: COPY OF THE POLICE COMPLAINT MADE BY THE 5TH RESPONDENT. EXT.P9: TRUE COPY OF THE LEAVE LETTER DATED 10.2.2011 SUBMITTED BY THE PETITIONER. EXT.P10: TRUE COPY OF THE LEAVE LETTER SUBMITTED BY THE PETITIONER FOR THE PERIOD 14.2.2011 TO 25.2.2011. EXT.P11: TRUE COPY OF THE LEAVE LETTER SUBMITTED BY PETITIONER FOR THE PERIOD 26.2.2011 TO 3.3.2011. EXT.P12: TRUE COPY OF THE POSTAL RECEIPT. EXT.P13: TRUE COPY OF THE RELIEVING ORDER DATED 10.2.2011. RESPONDENTS' EXHIBITS:- EXT.R2(a): TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO THE PETITIONER FOR HIS IRRESPONSIBLE BEHAVIOUR IN PERFORMING THE DUTY. EXT.R2(b): TRUE COPY OF THE SHOW CAUSE NOTICE DATED 20/5/2010 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO THE PETITIONER FOR HIS UNAUTHORISED ABSENCE FROM DUTY. EXT.R2(c): TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 31/5/2010. EXT.R2(d): TRUE COPY OF THE MEMO DATED 17/8/2010 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO THE PETITIONER FOR HIS IRRESPONSIBLE BEHAVIOR AND UNAUTHORISED ABSENCE FROM DUTY. EXT.R2(e): TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 21/8/2010. WP(C).No. 6157 of 2011(T) EXT.R2(f): TRUE COPY OF THE MEMO DATED 31/8/2010 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO THE PETITIONER. EXT.R2(g): TRUE COPY OF THE ORDER DATED 3/9/2010 ISSUED BY THE ASSISTANT ENGINEER TO THE PETITIONER REGARDING THE CANCELLATION OF ASSIGNMENT OF WORK ALLOTTED TO HIM. EXT.R2(h): TRUE COPY OF THE COMMUNICATION ISSUED TO THE ASSISTANT ENGINEER TO THE ASSISTANT EXECUTIVE ENGINEER DATED 4/9/2010 REGARDING THE UNAUTHORIZED ABSENCE OF THE PETITIONER AND FOR RATIFICATION OF THE CANCELLATION OF THE ASSIGNMENT OF WORK AWARDED TO HIM. EXT.R2(i) TRUE COPY OF THE COMMUNICATION DATED 13/9/2010 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION, VARKALA TO THE EXECUTIVE ENGINEER, WATER SUPPLY DIVISION, ATTINGAL REQUESTING HIM TO TAKE APPROPRIATE DISCIPLINARY PROCEEDINGS AGAINST THE PETITIONER. EXT.R2(j): TRUE COPY OF THE ORDER DATED 17/3/2004 ISSUED BY THE EXECUTIVE ENGINEER, PUBLIC WORKS DIVISION, THIRUVANANTHAPURAM. EXT.R2(k): TRUE COPY OF THE RELIEVING ORDER DATED 10/2/2011 ISSUED TO THE PETITIONER BY THE ASSISTANT ENGINEER. // TRUE COPY // TKS P.S.TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.6157 of 2011 ---------------------------- Dated 5th August, 2011 JUDGMENT The petitioner is presently working as Overseer Grade III under the Kerala Water Authority. This writ petition has been filed mainly challenging Ext.P1 order of transfer dated 5.2.2011 whereby the petitioner was transferred and posted to S.S.U.Section, Peroorkada from Water Supply Section No.I, Varkala. When this matter came up for admission on 28.2.2011 this Court passed an interim order that the petitioner shall not be relieved in case he has not already been relieved. The 2nd respondent has filed a counter affidavit in this writ petition. Going by the contentions in the counter affidavit as also the admitted position the petitioner is not presently working at Water Supply Section No.I, Varkala and in fact, he has already been relieved pursuant to Ext.P1 order of transfer. In the said circumstances, this writ petition is disposed of granting liberty to the petitioner to move the third respondent, if he desires to do so, within 10 days from the date of receipt of a copy of this judgment. In case the petitioner moves the third respondent within the above stipulated time raising grievances against Ext.P1 order of transfer, the same shall be considered by the third respondent, in accordance with law, expeditiously, at any rate, WP(C).No.6157/2011 2 within a period of one month from the date of receipt of such petition , if submitted. Needless to say that the person/persons likely to be affected shall also be put on notice before passing orders on such petition. Sd/- C.T.RAVIKUMAR Judge TKS