'Provocative Dress' Remark : Sessions Judge Files Appeal Before Kerala HC DB Against Single Bench Order Upholding Transfer

The Principle District and Sessions Judge, Kozhikode, S. Krishnakumar, who passed the controversial 'Provocative Dress' order in Civic Chandran's case, has approached the Kerala High Court challenging the dismissal of the plea moved by him challenging his transfer to the post of Presiding Officer, Labour Court, Kollam.

In the Writ Appeal moved through Advocate Mathew J Murikan, the appellant challenges the order passed by the Single Judge on the ground that it is not sustainable in law as the finding of the Single Judge that the transfer norms are only guidelines and that it will not confer any right on the transferred employee. It is contended that order is against the dictum laid down by the Apex Court in a recent decision on a similar matter. 

The appellant also submitted that the Single Judge failed to consider the facts of the case as a judicial officer can be transferred during the currency of three years if it is necessary in the administration of justice, and in the appellant's case, the Single Judge had not held that the transfer of the appellant is in the interest of the administration of justice. 

The appellant also averred that the finding of the Single Judge that the appellant cannot be said to be prejudiced in any manner by his transfer as a Presiding Officer, Labour Court, Kollam is not correct. The appellant is a Special Grade District Judge and was discharging duty as Principal District and Sessions Judge, and that post is occupied by the senior most Special Grade District Judge therefore, transferring and posting the appellant will necessarily result in prejudice.

As an interim relief, the appellant sought for staying all further proceedings of order with respect to the transfer of the appellant from the post of Principal District and Sessions Judge, Kozhikode, to Presiding Officer, Labour Court, Kollam, pending disposal of the writ appeal.

The Single Judge had dismissed the plea observing that the petition (appellant), who is a member of higher judicial service, cannot be said to be prejudiced in any manner for his posting as Presiding Officer of Labour Court, which is a post born from the cadre of District Judge.

Case Title: S. Krishnakumar v. State of Kerala & Ors.