JEBI I CHERIAN Vs. BIJU ISAC

JUDGEMENT

(1.) The 5th respondent in OA No.647 of 2017 is the petitioner before this Court. Challenge is against Ext.P1 order passed by the Kerala Administrative Tribunal, whereby Annexure A2 transfer order dated 20.03.2017 transferring the applicant in the OA from the post of Motor Vehicle Inspector at Ernakulam to the Sub R.T. Office, Mannarkad, so as to accommodate the petitioner herein [who was brought back, revoking the order of suspension as per Annexure A4 G.O. dated 15.03.2017] was set aside.

(2.) Heard Dr. K. P. Satheesan, the learned Senior Counsel appearing for the petitioner as well as the learned Government Pleader appearing for the Department/State.

(3.) The crux of the facts and consequences as revealed from the proceedings is that, the petitioner herein, while working as the Motor Vehicle Inspector in the Office of the SRTO, Mattancherry [who joined there pursuant to the general order of transfer bearing No.A4/6746/2015/TC dated 14.07.2015, after relieving from the post held in the RTO, Ernakulam] was placed under suspension in connection with the involvement in some vigilance case. The 1st respondent/ applicant in the OA, who was working in the SRTO, Sultanbathery, was given a posting in the Office of the Deputy Transport Commissioner, CS-II, Ernakulam as per the very same order and he was continuing there accordingly. Later, the suspension of the petitioner was revoked by the Government, who passed Annexure A4 order, whereby the petitioner was ordered to be brought back in service; however subject to the rider that he shall not be given any 'field work' or 'regulatory work', in view of the nature of insinuation levelled against him. It was under the guise of giving effect to the said rider, that the 2nd respondent passed Annexure A2 order dated 20.03.2017, quite casually transferring the applicant [against whom no insinuation was there from any corner] from the office at Ernakulam to the Office at Mannarkad in Palakkad District for accommodating the petitioner, whose suspension was cancelled, in the said post at Ernakulam. This made the 1st respondent/ applicant to feel aggrieved, who approached the Tribunal by filing the above Original Application with the following prayers: