Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 11TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 OP(KAT) NO. 276 OF 2022 AGAINST THE ORDER DATED 14.07.2022 IN O.A.(EKM) NO.716/2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/RESPONDENTS 1 AND 2 IN O.A.: 1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN-695 001.
2 THE DIRECTOR GENERAL, KERALA FIRE AND RESCUE SERVICES DEPARTMENT, OFFICE OF THE DIRECTOR GENERAL, HOME GUARDS AND CIVIL DEFENCE HEADQUARTERS, FIRE FORCE JUNCTION, THIRUVANANTHAPURAM, KERALA, PIN-695 001. SRI. ANTONY MUKKATH, GOVERNMENT PLEADER RESPONDENTS/APPLICANT AND 3RD RESPONDENT IN O.A.: 1 JOGY A.S., S/O. ISSAC SUNNY, DISTRICT FIRE OFFICER, FIRE AND RESCUE SERVICES, KADAVANTHRA, ERNAKULAM-682 020 RESIDING AT ARIYAMMACKAL HOUSE, MUTTOM P.O., THODUPUZHA, IDUKKI DISTRICT, KERALA, PIN-685 587.
2 K.K. SHIJU, REGIONAL FIRE OFFICER, OFFICE OF THE REGIONAL FIRE OFFCIER, FIRE AND RESCUE SERVICES, ERNAKULAM, KERALA, PIN-682 011. -2- BY ADVS. ELVIN PETER P.J. K.R.GANESH(K/000551/1991) GOURI BALAGOPAL(K/002008/2019) ABHIJITH.K.ANIRUDHAN(K/1644/2020) SREELEKSHMI A.S.(K/1313/2021) ANU JOSEPH(K/000964/2022) THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 11.09.2023, ALONG WITH OP(KAT).279/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 11TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 O.P.(KAT) NO.279 OF 2022 AGAINST THE ORDER DATED 05.07.2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN O.A. (EKM) NO.628/2022. PETITIONERS/RESPONDENTS 1 TO 5 IN O.A.: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2 DIRECTOR GENERAL, FIRE AND RESCUE SERVICES HEADQUARTERS, THAMPANOOR MASJID ROAD, CHENKALCHOOLA, THIRUVANANTHAPURAM, KERALA, PIN-695 001. 3 THE REGIONAL FIRE OFFICER, FIRE AND RESCUE DEPARTMENT, GANDHI NAGAR, ERNAKULAM DISTRICT, KERALA, PIN-682 020. 4 THE DISTRICT FIRE AND RESCUE OFFICER, FIRE AND RESCUE SERVICE, GANDHI NAGAR, ERNAKULAM DISTRICT, KERALA, PIN-682 020. 5 THE STATION OFFICER, FIRE AND RESCUE STATION, ALUVA, ERNAKULAM DISTRICT, KERALA, PIN-683 101. SRI. ANTONY MUKKATH, GOVERNMENT PLEADER -4- RESPONDENTS/APPLICANTS IN O.A.:
1 ANEESH B., S/O. BHASKARAN PILLAI, FIRE & RESCUE OFFICER (6304), FIRE & RESCUE STATION, ALUVA, ERNAKULAM DISTRICT, PIN-683 101 RESIDING AT GEETHA NIVAS, KUTHIRAPPANDHI, P.O. THAZHAVA, KOLLAM DISTRICT, PIN-690 523. 2 SAJAD M., S/O. MOIDEENKUNJU, FIRE & RESCUE OFFICER (6445), FIRE AND RESCUE STATION, ALUVA, ERNAKULAM DISTRICT, PIN- 683 101, RESIDING AT CHEERPANGAL HOUSE, NORTH EZHIPPURAM, MARAMPALLY P.O., ALUVA VIA, ERNAKULAM DISTRICT, PIN-683 105, KERALA. 3 RAHUL DAS Y.A., S/O.M.YESUDAS, FIRE & RESCUE OFFICER (8011), FIRE & RESCUE STATION, ALUVA, ERNAKULAM DISTRICT, PIN- 683101, RESIDING AT ALAMPAZHANJI HOUSE, PUTHIYAN KULANGARA, ARAYOOR P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 122, KERALA. BY ADV. BABU JOSEPH KURUVATHAZHA THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 11.09.2023, ALONG WITH OP(KAT).276/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -5- A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ. --------------------------------------------- ---------------------------------------- Dated this the 11th day of September, 2023
JUDGMENT
A.Muhamed Mustaque, J.
These original petitions are filed by the State. These matters arise from the orders of the Kerala Administrative Tribunal interfering with the transfer order. The petitioners before the Tribunal were working at the Fire Station, Aluva. They were ordered to be transferred to Kannur, Chalakkudy and Puthukkad. The Tribunal found that the transfer orders were punitive measures and not for any exigency demand. The facts noted by the Tribunal disclose that the petitioners, as part of official duty, extended training session to members of 'Popular Front of India'. They are actually acted based on the orders of the superior officers. They were also given official vehicles. As seen from the -6- impugned order, there existed a practice in fire department to give training to volunteers to enable them to engage in rescue operations. Such a training is being provided to enable the public to meet any contingency in case a fire occurs. There was no clear guidelines in this regard as to the volunteers to whom such training can be given. It appears that now a circular has been issued after the present issue surfaced by the authorities. The PFA is now a banned association in India. Their activities were suspicious at relevant time when training was given. Anyway, there were no
guidelines issued in this regard, and the officers
cannot be found fault for giving training to such personnel, that too, by complying orders of the superior. Therefore, the Tribunal rightly noted that these transfers are punitive measures and not justifiable. We find no reason to interfere with the matter inasmuch as that the finding of the Tribunal cannot -7- be found fault with. Absolutely, there is no merit in these original petitions and hence dismissed. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE bpr -8- APPENDIX OF OP(KAT) 276/2022 PETITIONERS' EXHIBITS Exhibit P1 COPY OF THE ABOVE ORIGINAL APPLICATION Exhibit P2 COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT Exhibit P3 COPY OF THE REJOINDER STATEMENT ALONG WITH ANNEXURES Exhibit P4 COPY OF THE ORDER 14.07.2022 IN O.A.
(EKM) NO. 716/2022 Annexure A1 TRUE COPY OF THE CIRCULAR NO. G1- 8778/2017 DATED 28.07.2017 ISSUED BY THE 2ND RESPONDENT. Annexure A2 TRUE COPY OF THE CIRCULAR NO. FIREHQ/461/2022-E2 DATED 09.03.2022 ISSUED BY THE 2ND RESPONDENT REITERATING ANNEXURE A1 STANDING ORDER. Annexure A3 TRUE COPY OF THE REPRESENTATION DATED19.03.2022 SUBMITTED BY THE STATE SECRETARY OF THE POPULAR FRONT OF INDIA BEFORE THE REGIONAL FIRE OFFICER, ERNAKULAM. Annexure A4 COPY OF THE RELEVANT EXTRACT OF THE NOTE FILE WHEREIN THE 3RD RESPONDENT ISSUED THE ABOVE DIRECTION ON 28.03.2022 WHICH THE APPLICANT OBTAINED UNDER THE RIGHT TO INFORMATION ACT Annexure A5 COPY OF THE NEW ITEM REPORTED IN THE JENMABHUMI DAILY DATED 05.04.2022 Annexure A6 COPY OF THE NEWS ITEM THAT APPEARED IN THE VISUAL MEDIA 24 CHANNEL REGARDING THE ABOVE ISSUE THAT WAS DOWNLOADED BY THE APPLICANT FROM THE WEBSITE OF THE ONLINE PORTAL OF THE 24 CHANNEL. -9- Annexure A7 COPY OF THE RECEIPT EVIDENCING PAYMENT OF FEE FOR USING THE ALUVA MUNICIPAL TOWN HALL PAID BY THE OFFICE BEARERS OF THE POPULAR FRONT OF INDIA FOR CARRYING OUT THE TRAINING, DATED 18.03.2022.
Annexure A8 COPY OF THE SHOW CAUSE NOTICE NO. FIREHQ/670-2022-E1, DATED 31.03.2022 ISSUED BY THE 2ND RESPONDENT Annexure A9 COPY OF THE REPLY DATED 01.04.2022 SUBMITTED BY THE APPLICANT TO ANNEXURE - A8 SHOW CAUSE NOTICE. DFOEKM/905/2022-E Annexure A10 COPY OF THE ORDER NO. G.O.(RT.) NO. BY THE 1ST RESPONDENT SUSPENDING THE APPLICANT Annexure A11 COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 13.04.2022 Annexure A12 COPY OF THE CIRCULAR NO. 04/2022 DATED 02.04.2022 ISSUED BY THE 2ND RESPONDENT, E1-670/2022 Annexure A13 COPY OF THE REPRESENTATION DATED
06.10.2021 SUBMITTED BY THE SEVA BHARATHI, ELOOR BEFORE THE REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICE, KADAVANTHARA, ERNAKULAM Annexure A14 COPY OF THE ORDER DATED 12.10.2021 ISSUED BY THE REGIONAL FIRE OFFICER, ERNAKULAM Annexure A15 COPY OF THE PHOTOGRAPHS IN THE YEAR 2020 IN KASARAGOD, MEMBERS OF THE SEVA BHARATHI WERE GRANTED TRAINING IN THE WEBSITE OF THE B.J.P -10- Annexure A16 COPY OF THE COMMUNICATION DATED 16.05.2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT Annexure R1(a) COPY OF THE REPORT OF DIRECTOR (TECHNICAL) OF FIRE AND RESCUE SERVICE DATED 01.04.2022 Annexure R1(b) COPY OF THE CIRCULAR NO. 04/2022 DATED 02.04.2022,E1-670/2022 ISSUED BY THE DIRECTOR GENERAL, KERALA FIRE AND RESCUE SERVICE DEPARTMENT -11-
APPENDIX OF OP(KAT) 279/2022 PETITIONERS' ANNEXURES Annexure A1 COPY OF THE NOTICE DATED 19.03.2022, ISSUED TO THE 3RD RESPONDENT. Annexure A2 COPY OF THE GENERAL DIARY (GD) DATED 30.03.2022. Annexure A3 COPY OF THE CIRCULAR NO.04/22 DATED 02.04.2022 ISSUED BY THE 2ND RESPONDENT. Annexure A4 COPY OF THE G.O.NO. 939/2022/HOME DATED 03.04.2022. Annexure A5 COPY OF THE SERVICE ORDER NO.67/2022 DATED 05.04.2022 ISSUED BY THE 2ND RESPONDENT. Annexure A6 COPY OF THE 1ST APPLICANT PASSPORT DATED 06.04.2022 ISSUED BY THE 5TH RESPONDENT. Annexure A7 COPY OF THE 2ND APPLICANT PASSPORT DATED 06.04.2022 ISSUED BY THE 5TH RESPONDENT. Annexure A8 TRUE COPY OF THE 3RD APPLICANT PASSPORT DATED 06.04.2022 ISSUED BY THE 5TH RESPONDENT. Exhibit P1 COPY OF THE ORIGINAL APPLICATION NO. Exhibit P2 COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT. Exhibit P3 COPY OF THE ORDER DATED 05.07.2022 IN O.A.(EKM) NO. 628/2022.