High Court of KeralaDivision BenchDismissed

Haris.K. v Union of India and Others

Case / Petition Number:OP(CAT) No.187/2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhamed Mustaque
  • Shoba Annamma Eapen
Judgment Date
2023-11-22
Court Decision / Holding
The petition is dismissed. The High Court held no arbitrariness or mala fides in the transfer order, recognized that transfer can relate to administrative grounds in the context of an ongoing enquiry, and declined to reappreciate the reasons for the transfer. It concluded that the railway department is entitled to proceed with the enquiry and that the transfer to Palakkad was permissible to ensure a fair process.
Final Disposition
Dismissed

Parties to the Case

Appellants / Petitioners

  • Haris.K.

Respondents

  • Union of India
  • Chief Vigilance Officer, Southern Railway
  • Divisional Railway Manager, Southern Railway, Palakkad Division
  • Senior Divisional Commercial Manager, Southern Railway, Palakkad Division
  • Divisional Personnel Officer, Southern Railway, Palakkad Division
  • Additional Divisional Railway Manager, Southern Railway, Headquarters Office, Park Town, Chennai

Legal Representation & Advocates

Counsels for Petitioners

  • • Kala T. Gopi
  • • T.C. Govindaswamy Kaileesh
  • • T. Gopi

Counsels for Respondents

  • • Sri. Manu S., DSGI

Case Synopsis & Summary

This original petition (OP CAT No. 187 of 2023) before the Kerala High Court challenges a transfer order issued by the Southern Railway, transferring Haris.K., a Chief Ticket Inspector at Calicut, to Palakkad Junction. The petitioner contends that the transfer violates the railway transfer policy, that he had been posted at Calicut for only eight months, and that the transfer appears punitive, used to circumvent a departmental disciplinary enquiry. He argues the order lacks explicit reference to a pending enquiry and seeks to establish mala fides and arbitrariness. The respondents counter that his continued presence at Calicut could impede a fair enquiry since witnesses may be influenced, and that the department is already proceeding with an enquiry; thus, transfer serves to safeguard the integrity of the investigation. The Tribunal below had rejected the challenge on grounds that administrative transfers can relate to departmental enquiries and need not spell out every reason. The High Court, invoking Article 227 of the Constitution, finds no arbitrariness or mala fides in the transfer. It notes that the transfer can be justified on administrative grounds connected with ongoing enquiry. The Court observes the distance between Calicut and Palakkad is about 130 km and declines to reappreciate the transfer’s reasons. The petition is dismissed, upholding the impugned transfer order and leaving the enquiry to proceed.

Provisions of Law Cited

Article 227 of the Constitution of IndiaRailway Services (Conduct) Rules, 1966, Rule 4.2(II)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel contended that the transfer violated the transfer policy, since he was posted at Calicut for only eight months; the transfer appears punitive under the guise of administrative exigencies; there is no sustainable ground for a disciplinary enquiry mentioned in the transfer order; reliance was placed on the Apex Court’s Somesh Tiwari v. Union of India and Others (2009 KHC 4146) and W.P.(C) No.1137/2018.

Contentions of Respondents

The respondent argued that the petitioner’s presence at Calicut could derail the enquiry; the department is proceeding with the enquiry, and transfer is necessary to ensure a fair investigation; the court should not interfere with internal departmental decisions; the distance between Calicut and Palakkad (~130 km) justifies the administrative action and the absence of mala fides.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Somesh Tiwari v. Union of India and Others2009 KHC 4146Mentioned OnlyCited by the petitioner as authority; the judgment does not adopt or apply its holdings in the decision before the High Court.
W.P.(C) No.1137/2018N/AMentioned OnlyCited by the petitioner; no substantive discussion or application of its principles is recorded in the judgment.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 22[ND] DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945** **OP (CAT) NO. 187 OF 2023** **AGAINST THE ORDER IN O.A.NO.268/2023 OF CENTRAL** **ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH** **--------** ## **PETITIONER:** **HARIS.K., AGED 58 YEARS, S/O.ABDUL RAHMAN, CHIEF TICKET INSPECTOR, SOUTHERN RAILWAY, CALICUT, RLY. STATION, RESIDING AT: "PEARL", THADATHIL PARAMBU, NEAR CIVIL STATION, CALICUT, PIN – 670020.** **BY ADVS. KALA T.GOPI T.C.GOVINDASWAMY KAILESH T. GOPI** ## **RESPONDENTS:** - **1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE PARK TOWN P.O., CHENNAI, PIN – 600003.** - **2 CHIEF VIGILANCE OFFICER, SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD, PIN – 678002.** - **3 THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD, PIN – 678002.** - **4 THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD, PIN – 678002.** OP(CAT) No.187/2023 2 - **5 THE DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD, PIN – 678002.** - **6 THE ADDITIONAL DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI, PIN – 600003.** **BY SRI.MANU S., DSGI.** ## **SRI. K.S.PRENJITH KUMAR, C.G.** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(CAT) No.187/2023 3 ## **JUDGMENT** ## A.Muhamed Mustaque, J. This original petition is filed by an applicant before the Central Administrative Tribunal (for short, the 'Tribunal'). The petitioner challenged an order of transfer before the Tribunal. The petitioner is a Chief Ticket Examiner under the Southern Railway. He was ordered to be transferred from Calicut Railway Station to Palakkad Junction Railway Station. His wife is appointed as a Manager of a 'Food Plaza', namely, M/s.Oriental Cuisines Pvt. Ltd. which is operated at Calicut Railway Station. The allegation against him was that the petitioner used his authority to give preferential treatment to Food Plaza where his wife is a Manager. His transfer order does not mention that the transfer has been initiated pursuant to an enquiry against him and it only states that he has been transferred on administrative grounds. The challenge was negatived by the Tribunal on all the grounds canvassed by the petitioner. 2. The learned counsel for the petitioner strenuously argued and submitted that the transfer was in violation of the transfer policy, as the petitioner was stationed at Calicut Railway Station only for eight OP(CAT) No.187/2023 4 months before his transfer. The learned counsel further submitted that the transfer was in fact imposed as punitive measures in the guise of administrative exigencies. As the facts clearly show that no sustainable ground is made out to proceed under the disciplinary enquiry. It is submitted that to circumvent the departmental proceedings, the transfer was effected as the punitive measures. The learned counsel placed reliance on the judgments of the Apex Court in Somesh Tiwari v. Union of India and Others [2009 KHC 4146] and W.P.(C) No.1137/2018 . 3. The learned Central Government Counsel rebutted the arguments and submitted that the presence of the petitioner at the Calicut Railway Station itself could derail the entire enquiry as he would be able to influence the witnesses. It is submitted that the Department is proceeding with the enquiry and the presence of the petitioner in Calicut Railway Station will hamper a fair enquiry in the matter. 3. We do not find at the outset any arbitrariness or mala fides in the transfer order. It is not necessary that in the transfer order, the reasons also be mentioned for the transfer. The transfer on OP(CAT) No.187/2023 5 administrative grounds can also be related to Departmental enquiries. We are dealing with this matter invoking the power under Article 227 of the Constitution. The reason for the transfer order is explained and no mala fides or arbitrariness are attributed. The court should not interfere with such matters. It is not in the realm of the court to reappreciate the reason for such transfer unless it manifestly speaks about the mala fides. The Railway Department is admittedly proceeding against the petitioner with an enquiry. In such a situation, the Railway was compelled to transfer the petitioner from Calicut to Palakkad. It is to be noted that the distance between Calicut and Palakkad is less than 130 kms. In such a situation, we find no reason to interfere with the impugned order. The original petition, thus, fails and it is dismissed. ## **Sd/-** ## **A.MUHAMED MUSTAQUE JUDGE** **Sd/SHOBA ANNAMMA EAPEN JUDGE** ln OP(CAT) No.187/2023 6 ## **APPENDIX OF OP (CAT) 187/2023** ## **PETITIONER'S ANNEXURES:** - **ANNEXURE-A1 A TRUE COPY OF THE OFFICE ORDER BEARING NO.J/TC 04/2023 DATED 04.04.2023, ISSUED BY THE 5TH RESPONDENT.** - **ANNEXURE-A2 A TRUE COPY OF THE OFFICE ORDER BEARING NO.J/TC 17/2022 DATED 03.08.2022, ISSUED BY THE 5TH RESPONDENT.** - **ANNEXURE-A3 A TRUE COPY OF THE RECORDS RELATING TO THE APPLICANT'S TREATMENT AT MEITRA HOSPITAL, CALICUT FOR THE PERIOD FROM 14.12.2021 AND 17.12.2021.** - **ANNEXURE-A4 A TRUE COPY OF THE CHARGE MEMO UNDER NO.CON/J/V/606/HK DATED 22.03.2023, ISSUED BY THE 4TH RESPONDENT.** - **ANNEXURE-A5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT DATED 28.03.2023 TO THE 4TH RESPONDENT.** - **ANNEXURE-A6 TRUE COPY OF THE DETAILED REPRESENTATION SUBMITTED BY THE APPLICANT DATED 05.04.2023 ADDRESSED TO THE 6TH RESPONDENT.** - **ANNEXURE-A7 A TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBV NO.10/2008 DATED 11TH AUGUST, 2008.** - **ANNEXURE-A8 A TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBV NO.2/2009 DATED 18.02.2009.** - **ANNEXURE-A9 A TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBV NO.1/2019 DATED 20.01.2019.** - **ANNEXURE-A10 A TRUE COPY OF THE RAILWAY BOARD ORDER BEARING NO.E(O)III/2014/PL/03 DATED 10.06.2014.** OP(CAT) No.187/2023 7 - **ANNEXURE-A11** - **A TRUE COPY OF THE RBE NO.109/2015 DATED 21.09.2015.** - **ANNEXURE-A12 A TRUE COPY OF THE RAILWAY BOARD ORDER NO.E(NG)II/77/TR/112 DATED 06.02.1978.** - **ANNEXURE-A13 A TRUE COPY OF RULE 4.2(II) OF THE RAILWAY SERVICES (CONDUCT) RULES, 1966.** - **ANNEXURE-A14 A TRUE COPY OF THE ORDER BEARING NO.J/C.569/STAFF/MISC DATED 05.07.2023, ISSUED BY THE 4TH RESPONDENT.** - **ANNEXURE-R1(A) TRUE COPY OF THE LETTER DATED NIL (RECEIVED ON 24.02.2023) SUBMITTED BY THE APPLICANT.** - **ANNEXURE-R1(B) TRUE COPY OF THE LETTER NO.J/P.535/II/CTI/VOL.X/1 DATED 17.05.2023 ISSUED BY THE SR. DIVISIONAL PERSONNEL OFFICER, PALAKKAD.** - **ANNEXURE-A15 TRUE EXTRACT OF PARAGRAPH 524, 525, 526 OF THE INDIAN RAILWAY VIGILANCE MANUAL, 2018.** - **ANNEXURE-A16 TRUE COPY OF THE ORDER BEARING NO.VO/T/2019/10/01926/OR/SWR DATED 29.07.2021, ISSUED BY THE CHIEF VIGILANCE OFFICER, SOUTHERN RAILWAY HEADQUARTERS.** - **ANNEXURE-A17 TRUE COPY OF THE ORDER BEARING NO.V/G 157 DRM/MISC. DATED 06.06.2022, ISSUED BY THE DIVISIONAL RAILWAY MANAGER, THIRUVANANTHAPURAM.** - **ANNEXURE-A18 TRUE .COPY OF THE RBE NO.123 OF 2000 DATED 26.06.2000.** - **ANNEXURE-A19 TRUE COPY OF PARAGRAPH 7 OF CHAPTER-I, PART-II OF THE SOUTHERN RAILWAY TICKET CHECKING MANUAL.** - **EXHIBIT-P1 TRUE COPY OF THE ORDER OF THE LEARNED CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN O.A.NO.180/00268/2023 DATED** OP(CAT) No.187/2023 8 **07.11.2023.** **EXHIBIT-P2 TRUE COPY OF THE O.A.NO.180/00268/2023 WITH ITS ANNEXURES.** **EXHIBIT-P3 TRUE COPY OF THE M.A.NO.686/2023 TO ACCEPT DOCUMENT.** **EXHIBIT-P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS. EXHIBIT-P5 TRUE COPY OF THE REJOINDER DATED 05.10.2023 FILED BY THE PETITIONER IN O.A.NO.180/00268/2023.**