High Court of KeralaWP(C)/24149/2015disposed of

S.Suresh v. Director General

2015-08-10Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 WP(C).No. 24149 of 2015 (P) ----------------------------------------- PETITIONER(S):

-------------------------- S.SURESH AGED 46 YEARS, S/O. SIVARAMAN SREEBHAVANAM, ULAVUKADU, NOOROANADU PO PALAMEL VILLAGE, ALAPPUZHA DISTRICT BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SRI.K.V.ANILKUMAR RESPONDENT(S):

---------------------------- 1.

DIRECTOR GENERAL, BORDER SECURITY FORCE CGD COMPLEX, LODHI ROAD, NEW DELHI PIN- 110 003 2.

INSPECTOR GENERAL, BORDER SECURITY FORCE, FRONTIER HEADQUARTERS, AFS, VELAMKARA PO BANGALORE - 63 3.

DEPUTY INSPECTOR GENERAL, BORDER SECURITY FORCE, SHQ SSF VALLAKADAV PO, THIRUVANANTHAPURAM - 695 008 4.

ASSISTANT COMMANDANT, BORDER SECURITY FORCE SHQ SSF, VALLAKADAV PO. THIRUVANANTHAPURAM PIN - 695 008 R BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24149 of 2015 (P) ----------------------------------------- APPENDIX PETITIONER'S EXHIBITS:- --------------------------------------- EXHIBIT P1 TRUE COPY OF THE TRANSFER ORDER ISSUED BY THE 4TH RESPONDENT DATED 14.07.2015 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 24.07.2015 FILED BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 24149 of 2015 ===================================================== Dated this the 10th day of August, 2015

JUDGMENT

The petitioner, who is working as Head Constable (Driver) at Sector Headquarters, Boarder Security Force, Thiruvananthapuram, is aggrieved by Ext.P1 order of transfer, whereby the petitioner has been posted to 77 BN, Bangalore. Although various grounds have been raised in the writ petition, challenging Ext.P1 order of transfer, the petitioner would now limit his prayer for a direction to the 1st respondent, before whom Ext.P2 representation has been preferred by the petitioner, to consider the said representation and pass orders thereon, expeditiously, and to keep Ext.P1 order of transfer in abeyance, till such time as the 1st respondent passes orders on the representation. 2.

I have heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P2 representation preferred by the petitioner against

-2W.P.(C). No. 24149 of 2015 Ext.P1 order of transfer, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. I make it clear, till such time as orders are passed by the 1st respondent as directed and communicated to the petitioner, Ext.P1 order of transfer, to the extent it relates to the petitioner, shall be kept in abeyance. The petitioner shall produce a copy of the writ petition, together with a copy of this judgment before the 1st respondent for further action.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das