JOY JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition is against a common order of the Tribunal, which disposed of three original applications. The challenge here, is only against the disposal of one of the original applications. The three original applications were filed against three separate charge sheets issued against the petitioner. The action is alleged to be motivated by the enmity harboured by the department, for reason of the petitioner's successful challenge against his transfer.

(2.) Admittedly, petitioner had challenged his transfer from Thiruvananthapuram to Kollam, for reason of the post in which the petitioner was transferred from Thiruvananthapuram was filled up by a State level office holder of an association, who has allegiance to the political party in power. The Government first refused to obey the interim order of the Tribunal, later a contempt was filed and the petitioner was accommodated back in Thiruvananthapuram, in the post from which he was transferred.

(3.) For completion, we have to briefly look at all the three charges, two of which were held to be not sustainable by the Tribunal itself for reason of the vagueness of the allegations. The first charge was with respect to an alleged fracas which occurred at the District Panchayat, Poovachal. Ther charge is that, for reason of a conference hall being not allotted to the petitioner, who had been deputed for audit, the petitioner used unsavory language, not becoming of a Government servant, causing disrepute to the District Committee of the Panchayat. There was nothing indicated in the charge sheet as to what was the language used. Nor was it available from the reports received from the Panchayat President and the Joint Superintendent. The Tribunal found that the charge was vague and there could be no proceedings initiated on that charge.