K.SASIDHARAN Vs. SAJAN PETER

JUDGEMENT

(1.) A clear case of abuse of process of Court by which, banking on the directions issued by this Court to consider a representation; the petitioner successfully attempted to circumvent the orders of transfer, especially with the threat of contempt.

(2.) THE brief facts are that the petitioner, who was working as Superintendent, Botanical Garden, Thiruvananthapuram, was transferred to Art Gallery and Krishna Menon Museum at Kozhikode as Superintendent. He challenged the same by filing W.P. (C).No.28378 of 2011 and obtained an order of stay of transfer. Subsequently, with the establishment of Kerala Administrative Tribunal, the writ petition was transferred to the Tribunal, which, by order dated 14.09.2012, dismissed the re-numbered T.A.No.2902 of 2012 of KAT. However, the Tribunal considering the impending superannuation of the petitioner, reserved liberty to approach the government with a representation. The petitioner was before this Court in O.P.(KAT).No.3369 of 2012 challenging the order in T.A.No.2902 of 2012, in which a Division Bench held that the Tribunal has granted maximum concession in reserving such liberty and refused to interfere with the order. The direction, the petitioner banks on, was the interdiction made by the Division Bench against the disturbance of the petitioner from Thiruvananthapuram; till the consideration of the representation. We have to notice that even the Tribunal had maintained the interim order initially granted till his representation is considered.

(3.) WHEN the matter came up for hearing, it was contended by the learned Special Government Pleader that in fact even before Annexure A, the direction as per the orders of the Tribunal were complied with and the petitioner's representation rejected. Subsequently too, it was alleged that two other representations filed by the petitioner were also rejected by the Government and the petitioner has conveniently kept away from joining in the transferred post at Kozhikode; only on the strength of the pendency of the contempt proceedings.