Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 29TH DAY OF JANUARY 2024 / 9TH MAGHA, 1945 WP(C) NO. 3413 OF 2024 PETITIONER:
NITHYA SUGATHAN AGED 40 YEARS, D/O.SUGATHAN.S., ACCOUNTS OFFICER, HORTICORP DISTRICT PROCUREMENT CENTRE, KOLLAM, RESIDING AT NITHYA BHAVANAM, MUKKOLA.P.O., THIRUVANANTHAPURAM, PIN - 695043 BY ADV RASHEED C.NOORANAD RESPONDENTS:
1 STATE OF KERALA REP. BY SECRETARY TO THE DEPARTMENT OF AGRICULTURAL, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 MANAGING DIRECTOR HORTICORP KERALA STATE HORTICULTURAL PRODUCTS DEVELOPMENT CORPORATION LTD., UDAYAGIRI, POOJAPURA.P.O., THIRUVANANTHAPURAM, PIN - 695012 3 DISTRICT HORTICORP DISTRICT PROCUREMENT CENTRE, KOLLAM OFFICE OF THE HORTICORP, PIN - 691001 OTHER PRESENT:
SC SRI RAHUL SURENDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.3413/2024 -2- JUDGMENT (Dated this the 29th day of January 2024) The petitioner is presently working as an Accounts Officer in Horticorp District Procurement Centres, Kollam.
She received a show cause notice dated 21.11.2023, asking for an explanation on the failure to file the return on Forticorp-GST-TDS for January 2023 and the deposition of GST-TDS for March 2023. The petitioner filed an explanation to the said notice. A further show cause notice was also issued on 05.12.2023, to which Ext.P6 reply was given. Thereafter, the petitioner was transferred from Horticorp
District
Procurement
Centres, Thiruvananthapuram, to District Procurement Centre, Kollam, as an Accounts Officer, and she has joined duty and is now on leave. Thereafter, the petitioner filed Ext.P9
WPC No.3413/2024 -3- representation dated 10.01.2024 before the 2nd respondent, seeking transfer to the head office or DPC at Thiruvananthapuram. The petitioner seeks a direction to the 2nd respondent to take up Ext.P9 and pass orders without delay.
3.
I heard the counsel for the petitioner as well as the standing counsel for the respondents 2 and 3.
Considering that Ext.P9 is still pending before the 2nd respondent, the writ petition is disposed of, directing the 2nd respondent to take up Ext.P9 and pass appropriate orders within six weeks from the date of receipt of a copy of the judgment. The petitioner shall also be given an opportunity of hearing before passing final orders.
Sd/- BASANT BALAJI JUDGE JS
WPC No.3413/2024 -4- APPENDIX OF WP(C) 3413/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF MEMBERSHIP OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA, DATED 31-01-2022 Exhibit P2 TRUE COPY OF THE TRANSFER ORDER DATED 12-06-2023 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE SHOW-CAUSE NOTICE ISSUED BY THE 2ND RESPONDENT'S OFFICE DATED 21-11-2023 Exhibit P4 TRUE COPY OF THE REPLY DATED 22-11-2023 Exhibit P5 TRUE COPY OF THE SHOW-CAUSE NOTICE DATED 05-12-2023 Exhibit P6 TRUE COPY OF THE REPLY TO THE SHOW CAUSE NOTICE DATED 08-12-2023 Exhibit P7 TRUE COPY OF THE TRANSFER ORDER DATED 08-12-2023 Exhibit P8 TRUE COPY OF THE SHOW-CAUSE NOTICE DATED 04-01-2024 Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 10-01-2024