A.V. Shaji v The Director of Panchayat and Rekha K

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR.JUSTICE K. BABU** **THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943** **OP(KAT).No.105 OF 2021** **AGAINST THE ORDER IN OA (EKM) 1626/2020 DATED 06-01-2021 OFKERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/APPLICANT IN THE O.A:** **A.V.SHAJI AGED 52 YEARS S/O. VILENDRAN V.P, SECRETARY, (ON LEAVE), CHOORNIKKARA GRAMA PANCHAYATH, ERNAKULAM DISTRICT, PIN-683 106, RESIDING AT ARRESSERIL HOUSE, KATTEMPARAMBU, VATTEKKUNNAM, EDAPPALLY NORTH P.O, ERNAKULAM DISTRICT, PIN-682 024** ## **BY ADV. SRI.BABU CHERUKARA** ## **RESPONDENTS/RESPONDENTS 1& 2 IN THE O.A** **1 THE DIRECTOR OF PANCHAYATH PANCHAYATH DIRECTORATE, PUBLIC OFFICE BUILDING, MUSEUM P.O, THIRUVANANTHAPURAM-695 035. 2 MRS. REKHA K, SECRETARY, POTHUKALLU GRAMA PANCHAYAT, MALAPPURAM DISTRICT, PIN-679 334, PRESENTLY WORKING AS SECRETARY, CHOORNIKKARA GRAMA PANCHAYATH, THAIKKATUKARA P.O, ERNAKULAM DISTRICT, PIN-683 106** **BY ADVS. SRI.B.UNNIKRISHNA KAIMAL,GOVT.PLEADER** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P (KAT) No.105 of 2021 2 ## **ALEXANDER THOMAS & K.BABU, JJ.** ----------------------------------------------- **O.P (KAT) No.105 of 2021** [A _rising out of the order dated 06-01-2021 in O.(Ekm) No.1626/2020 of KAT, Ekm. Bench_ ] ----------------------------------------------Dated this the 8[th] day of April, 2021 ## **JUDGMENT** ## **ALEXANDER THOMAS, J.** The prayers in the afore captioned Original Petition (KAT) filed under Articles 226 & 227 of the Constitution of India are as follows (See page No.11 of the paper book of this O.P): - _“(i) Order to set aside Ext.P2 and P3 orders passed by the Kerala Administrative Tribunal, Thiruvananthapuram, Ernakulam Camp and allow Ext.P1 O.A granting the reliefs thereto._ - _(ii) Issue any other orders as this Hon’ble Court deems fit and proper in the facts and circumstances of the case and also those are prayed for during the pendency of the case.”_ 2. Heard Sri.Babu Cherukara, learned counsel appearing for the petitioner in the O.P/sole applicant in the O.A before the Tribunal and Sri.B.Unnikrishna Kaimal, learned Government Pleader appearing for the respondents in the O.P/respondent in the O.A before the Tribunal. 3. The prayers in the instant Ext.P1 Original Application, O.A(Ekm) No.1626/2020 filed by the petitioner herein before the Kerala Administrative Tribunal, Ernakulam Bench are as follows (See O.P (KAT) No.105 of 2021 3 ## page Nos.36 & 37 of this paper book): - _“(i) Order to set aside Anx.A1 order of transfer of the applicant from Choornikara Grama Panchayat in Ernakulam District to Alamkodu Grama Panchayat in Malappuram District, and consequently set aside the transfer order of the 2[nd] respondent to the post of secretary of Choornikkara Grama Panchayat as per Anx.A2 and also order the 1[st] respondent to keep status quo ante to Anx.A1 order._ - _(ii) Order to set aside Anx.A4 to the extent the same stipulates for the departmental disciplinary proceedings against the applicant._ - _(iii) Issue any other orders as this Hon’ble Tribunal deems fit and proper in the facts and circumstances of the case and also those are prayed during the pendency of the O.A._ - _(iv) Order the entire costs of the applicant from the contesting respondents”._ 4. The Tribunal after hearing both sides has rendered the impugned Ext.P2 final order dated 06-01-2021 in O.A No.1626/2020, as the learned counsel appearing for the applicant seeks only a limited direction to R1 in the O.A to consider and pass orders on Anx.A6 representation, the Tribunal has ordered that R1 in the O.A will consider and pass orders on Anx.A6 representation dated 27-10-2020, within a period of one month, etc. Further the Tribunal has also made clear in Ext.P2 that the Tribunal has not examined the merits of the case and they are left open to be considered by R1 in the O.A. 5. Thereafter, the petitioner has approached the Tribunal by filing a Contempt Petition as C.P(Ekm) No.36/2021 (arising out of the instant O.A(Ekm) No.1626/2020), alleging that the directions of O.P (KAT) No.105 of 2021 4 the Tribunal issued at Ext.2 herein (produced as Anx.P1 in the Contempt Petition) has not been complied with. Thereupon the Contempt Petition has been come up for consideration before the Tribunal on 10-03-2021 and thereupon the learned Government Pleader on instructions had submitted that orders have duly been passed by R1 in the O.A on Anx.A6 representation on 03-02-2021. Thereupon the learned counsel for the petitioner in the C.P/original applicant had submitted that Anx.A6 representation has not been properly considered by R1 in the O.A. The Tribunal after hearing both sides has rendered final order in the Contempt Petition, C.P(Ekm) No.36/2021 on 10-03-2021 as per Ext.P3 holding that the said contention of the petitioner regarding the improper consideration of the representation cannot be the subject matter of issue in a contempt proceedings and that in case the petitioner is not satisfied with the order passed by R1 in the O.A on 03-02-2021 after consideration of Anx.A6 representation, then he will have to work out his remedies in appropriate proceedings in the manner known to law and accordingly, the contempt petition has been closed 6. From the submissions of both sides it appears that, the proceedings dated 03-02-2021 said to have been passed by R1 in the O.P (KAT) No.105 of 2021 5 O.A on Anx.A6 representation is one at Ext.P8 herein, which is seen passed by the Director of Panchayat, who is R1 in the O.A. By Ext.P8 order dated 03-02-2021 the 1[st] respondent Director of Panchayat has ordered that the petitioner will stand transferred to Kuttampuzha Grama Panchayat in lieu of another incumbent mentioned therein, etc. 7. The complaint of the petitioner appears to be that though the petitioner has been ordered to be transferred now to the new place at Kuttampuzha Grama Panchayat as per Ext.P8 order dated 03-02-2021, the said vacancy in Kuttampuzha Grama Panchayat has already been filled up by the respondents even before the issuance of Ext.P8, etc. 8. We need not get into the tenability or otherwise of the said submission made by the petitioner for the simple reason that those aspects cannot be grounds on the basis of which the petitioner can approach this Court by filing this O.P under Articles 226 & 227 of the Constitution of India as against the orders passed by the Tribunal at Ext.P2 in the O.A and Ext.P3 in the Contempt Petition in the O.A. As rightly observed by the Tribunal in Ext.P3, in case the petitioner has any such legally justiciable grievances, it is for him to work out his O.P (KAT) No.105 of 2021 6 remedies in the manner known to law. 9. It is by now too well established a legal position that more particularly, in view of the legal position settled by the larger bench of the Apex Court in the celebrated case in _**L.Chandra Kumar v. Union of India**_ [1997 (3) SCC 261], that the court of first instance in such matters covered by the provisions of the Administrative Tribunals Act, 1985 would be the Tribunal constituted under the said Act. Assuming that the petitioner has any legally justiciable grievances after the passing of orders on Anx.A6 representation, then he has to necessarily challenge the same in the manner known to law before the appropriate Forum and those aspects cannot be the subject matter of challenge in a review petition before this Court as the court of first instance is indisputably not the High Court. With these observations and directions and with the said liberty the above Original Petition will stand dismissed. ## Sd/- **ALEXANDER THOMAS, JUDGE** Sd/- **K.BABU, JUDGE** KAS O.P (KAT) No.105 of 2021 7 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE ORIGINAL APPLICATION O.A.(EKM) NO. 1626 OF 2020 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ADDITIONAL BENCH ERNAKULAM) DATED 28.10.2020.** - **ANNEXURE A1 TRUE COPY OF THE ORDER DATED 23.10.2020 BEARING NO. PAN/140/2020 E1(DP) PASSED BY THE 1ST RESPONDENT.** - **ANNEXURE A2 TRUE COPY OF THE ORDER NO. PAN/140/2020-E1 (DP) (2) DATED 23.10.2020 ISSUED BY THE 1ST RESPONDENT .** - **ANNEXURE A3 TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.C NO. 6045/2020 DATED 28.02.2020.** - **ANNEXURE A4 TRUE COPY OF THE ORDER PASSED BY THE DIRECTOR 1ST RESPONDENT BEARING NO. PAN/5713/2020-C8 (DP) DATED 16.10.2020.** **ANNEXURE A5 TRUE COPY OF THE ORDER PASSED BY THE L.S.G.I TRIBUNAL, THIRUVANANTHAPURAM IN I.A.NO. 1835/2019 APPEAL NO. 838/2019 DATED 9.12.2019.** - **ANNEXURE A6 TRUE COPY OF THE REQUEST IN THE FORM OF SUBMISSION MADE BY THE APPLICANT DATED 27.10.2020 BEFORE THE 1ST RESPONDENT. MISCELLANEOUS APPLICATION TO RECEIVE DOCUMENTS** **ANNEXURE A7 TRUE COPY OF THE INFORMATION RECEIVED FROM THE L.S.G.I. TRIBUNAL STATE PUBLIC INFORMATION OFFICER DATED 7.12.2019 IN THE NAME OF BILAL K.UMMER UNDER RIGHT TO INFORMATION ACT.** O.P (KAT) No.105 of 2021 8 **ANNEXURE A8 TRUE COPY OF THE LETTER GIVEN BY BILAL K. UMMER TO THE STATE PUBLIC INFORMATION OFFICER LSGI TRIBUNAL DATED 11.11.2020 IN HIS NAME.** - **EXHIBIT P2 TRUE COPY OF THE ORDER IN O.A. (EKM) NO. 1626-2020 DATED 06.01.2021 OF THE K.A.T AT THIRUVANANTHAPURAM (CAMP SITTING, ERNAKULAM).** - **EXHIBIT P3 TRUE COPY OF THE ORDER IN CP (EKM) 36/2021 IN O.A. NO. (EKM) 1626-2020 DATED 10.03.2021 OF THE K.A.T AT THIRUVANANTHAPURAM (CAMP SITTING: ERNAKULAM).** - **EXHIBIT P4 TRUE COPY OF THE TRANSFER CUM PROMOTION ORDER NO. PAN/II/2021-E1 (DP) (1) DATED 26.02.2021.** - **EXHIBIT P5 TRUE COPY OF THE QUARANTINE CERTIFICATE ISSUED BY THE MEDICAL OFFICER, DATED 6.11.2020 TO THE PETITIONER.** - **EXHIBIT P6 TRUE COPY OF THE ORDER NO.PAN/140/2020E1(DP) DATED 29.12.2020 BY THE 1ST RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE ORDER NO. PAN/11/2021E1 (DP) (3) DATED 02.02.2021 BY THE 1ST RESPONDENT.** - **EXHIBIT P8 TRUE COPY OF THE ORDER NO. PAN/11/2021E1(DP) DATED 03.02.2021 BY THE 1ST RESPONDENT.** **EXHIBIT P9 TRUE COPY OF THE RTI REPLY ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, LSGI TRIBUNAL.**