Govt. confirms transfer of former sessions judge as labour officer

Kerala


He is in the dock for his controversial reference about a sexual harassment survivor

He is in the dock for his controversial reference about a sexual harassment survivor

The State government on Monday confirmed the transfer and appointment of S. Krishnakumar, former Principal District and Sessions Judge, Kozhikode, as Presiding Officer of the Labour Court, Kollam.

A government order to this effect was issued by the Labour and Skills (G) department on Monday even as Mr. Krishnakumar has challenged his removal from the post before the Kerala High Court.

Earlier, the Registrar General of the Kerala High Court had issued an order transferring him to Kollam as presiding officer, as it was a deputation post. The transfer order was issued subject to the approval of the State government.

The case

The anticipatory bail order passed by Mr. Krishnakumar in favour of writer Civic Chandran in a case related to the outraging the modesty of woman had kicked up a controversy with the reference about the dressing of the survivor in the order. The Kerala High Court had transferred him from the post six days after the order was issued leading to interpretations that it was a punishment transfer.

The Hindu had reported on Sunday that the judicial officer had sued the Kerala High Court against what he termed as an illegal transfer. The court will consider his petition on Tuesday.

In his writ petition, Mr. Krishnakumar argued that the post of the presiding officer was an appointment. The appointment of the Principal Sessions Judge as the Presiding Labour Officer cannot be affected by a transfer and hence the transfer was illegal, he argued.

The judicial officer, who is left with nine months in service, averred that his transfer before him completing three years in the post of Principal District and Sessions Judge was in violation of the general transfer norms of judicial officers.

He argued that he could not be transferred out of the post merely on the basis of the order passed in the anticipatory bail plea. A wrong order passed by a judge while discharging his official duty cannot be considered as a special circumstance necessitating the transfer, he contended.

The transfer was illegal, arbitrary and violative of the Article 14 of the Constitution. It was against the principles of natural justice. The order was not passed b the Full Court of the High Court, he argued. He has sought to stay the transfer order till the disposal of his writ petition.



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