Kerala High Court Stays Transfer Of Sessions Judge Who Passed 'Provocative Dress' Order

The Kerala High Court on Friday stayed the order transferring the Principle District and Sessions Judge, Kozhikode, S. Krishnakumar, who passed the controversial 'Provocative Dress' order in Civic Chandran's case, to the post of Presiding Officer, Labour Court, Kollam.

Division Bench consisting of Justice A K Jayashankaran Nambiar and Justice Mohammed Nias C P, while admitting the appeal, has stayed the transfer order till 26th September. 

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

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.

The matter has been posted for 26th September.

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

Click Here To Read/Download The Order