STATE OF KERALA Vs. P.N. BIJU MON

JUDGEMENT

(1.) This original petition has been filed challenging an order dated 06-07-2020 in OP (KAT) No.999/2020 of the Kerala Administrative Tribunal.

(2.) The 1st respondent while working as Geologist at Kozhikode was transferred to Kasaragod which came to be challenged before the Tribunal. It is contended by the officer concerned that he was appointed to the District office, Kozhikode only on 02-03-2020 and within 4 months he was transferred. The Government took up a contention that the transfer order came to be passed on account of certain news which appeared in the media that the officer permitted quarrying operation in a quarry which was remaining inoperative for the last several years on account of mass agitation. This action of the officer had tarnished the image of the Government and accordingly he was transferred. The Tribunal after considering the matter observed that news paper reports cannot be the basis for such action and accordingly an interim order was passed staying the transfer order for a period of 2 weeks and the matter is posted for hearing on 21-07-2020.

(3.) While impugning the aforesaid order it is submitted by the learned Government Pleader that the Tribunal erred in passing such an order. It is submitted that the transfer of an officer on administrative exigencies and reasons is within the authority vested with the concerned Department, which cannot be questioned by the officer concerned. It is pointed out that after assuming office, the officer has uploaded the mining details of a person by name Manoj Kumar, which ought not have been done. The mine was closed for the last several years on account of public agitation and therefore there is justification for transferring the said officer. Learned counsel appearing for the 1st respondent / officer however would submit that the officer assumed charge in the said office as a Geologist only on 02-03- 2020 and even before that mining plan was approved by the Geologist on 18-04-2018. The environmental clearance was issued on 16-08-2018. Lease order was issued by the Director of Mining on 04-02-2020 and quarrying lease was executed by the District Geologist on 26-02-2020. The 1st respondent was promoted as Geologist and transferred to Kozhikode from Pathanamthitta only on 25-02-2020 and thereafter he took charge on 02-03-2020. According to him as part of the routine work in pursuance of grant of mining permit on 26-02-2020 clerical staff one Praveen Kumar created the file in the name of Manoj Kumar who is the lessee of the mine. The respondent had only uploaded the particulars of the lease deed which was already executed. Thereafter he has not taken any further action in the matter.