Kerala High Court Stays Transfer Of KSEB Lineman Allegedly Based On MLA's Complaint

The Kerala High Court on Wednesday (January 14) stayed the transfer of a KSEB lineman, who was ordered to be transferred from Pannikkode (Kozhikode) to Purang (Malappuram) based on a complaint alleged to have been made by Thiruvambady MLA, Linto Joseph.In his plea, the KSEB (Kerala State Electricity Board) lineman contended that he was transferred from this present station, where he has been working for the past 3 years, in an arbitrary and punitive manner. He stated that he received a notice from the Assistant Executive Engineer of Kunnamangalam, Kozhikode calling for an explanation based on a complaint made by the MLA alleging that he violated the service rules. However, this notice did not enclose the original complaint or contain any details of the complaint and the petitioner gave a reply denying the allegations, it is stated.After a detailed enquiry, the Assistant Executive Engineer submitted an enquiry report to the Executive Engineer stating that he did not find any act of the petitioner against the KSEB or the government. He recommended that the proceedings against the petitioner to be dropped. However, even then the proceedings against him was continued.Subsequently, the Executive Engineer issued a statement of charge and chargesheet alleging that the petitioner had indulged in activities contrary to service rules and acted in a manner hostile to the interests of the KSEB.“It was further alleged that, based on a complaint routed through the Hon'ble Minister for Electricity from the Hon'ble MLA Sri. Linto Joseph, the petitioner had organized protests obstructing the functioning of Public Works Department officials and had allegedly threatened a PWD official over phone, thereby bringing disrepute to the Kerala State Electricity Board Limited,” states the plea, referring to the charges made out against him.Again, the petitioner submitted a reply denying these allegations. He has stated that he was not given any effective or meaning opportunity of hearing even though hearing notices were issued.The plea further states that the Chief Engineer (Human Resource Management) issued a transfer order against the petitioner while the disciplinary proceedings were pending and without assigning any specific reasons for the same. Thereafter, he also received a relieving memo.According to the petitioner, the transfer was in violation of Guidelines for Workmen order applicable to the KSEB since he had only completed three years of service at the present station and had not attained the minimum tenure of five years prescribed for transfer.He thus challenged the transfer order and the relieving memo to be violative of Articles 14 and 21 of the Constitution of India. As an interim prayer, he sought for the stay of operation of the order and the memo.When the matter came up for consideration, Justice N. Nagaresh admitted the plea and issued notice to the respondents, officials of KSEB.“There will be an interim order staying the operation of Exts.P8 and P9 for a period of one month. In the meanwhile, the petitioner shall be permitted to resume his duties in the present station,” the Court observed, granting the interim prayer.The case will be taken up again on February 13.The petition is moved by Advocates Ameen Hassan K., Lisna Sherin T.T., and Ummul Fadla T.Case No: WP(C) 1162/2026Case Title: Lukmanul Hakkeem v. Chief Engineer (Human Resource Management) and Ors.Click to Read/Download Interim Order

Kerala High Court Stays Transfer Of KSEB Lineman Allegedly Based On MLA's Complaint

K. Salma Jennath

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