Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. Briefly stated, the petitioner, aged 64 years, with about one year service left, was recently transferred through Exhibit P1 General Transfer Order dated 16.08.2014 to Ravipuram Temple from Chakkamkulangara Temple. After his assuming the charge in the said Temple, within 88 days, the petitioner has been subjected to another transfer to Arattupuzha Temple in Thrissur District, through Exhibit P2 dated 13.11.2014. Assailing that Exhibit P2 is in gross violation of Exhibit P3 transfer regulations especially W.P.(c) No. 30502 of 2014 2 regulation 9 and 14 thereof, the petitioner has filed the present writ petition.
3. The respondent Devaswom filed its statement contending that the petitioner has been facing certain grave allegations, in the face of which, the Board has already initiated disciplinary proceedings. By filing its statement, the Board has taken a specific contention that the respondent Devaswom has ample powers even under Exhibit P3 regulations to effect transfer midstream in the interest of administration.
4. To my specific query whether any departmental alternative remedy is provided on the issue of transfer, the learned Standing Counsel has submitted that the petitioner can file an appeal before the Special Devaswom Commissioner. On that count, the learned counsel for the petitioner has submitted that it is the very officer who issued Exhibit P2 and as such he cannot sit in appeal over his own order, which in fact amounts to reviewing his own order. As an alternative the learned Standing Counsel has submitted that the petitioner can as well approach the Devaswom Board and file appropriate application ventilating his W.P.(c) No. 30502 of 2014 3 grievance concerning Exhibit P2 transfer.
5. In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Standing Counsel for the respondent Devaswom Board, this Court does not desire to advert to the merits of the matter, lest it should prejudice the cause of either of the parties. Suffice it to observe that the petitioner can approach the respondent Devaswom Board, i.e. the first respondent, by filing an appropriate application ventilating his grievance with regard to Exhibit P2 transfer order. Once such an application is filed, after providing an opportunity of personal hearing, the first respondent shall decide the same as expeditiously as possible, at any rate, within 15 days from the date of the petitioner's filing the application.
With the above observation, this writ petition is disposed of. No order as to costs.
DMR/-
DAMA SESHADRI NAIDU JUDGE