'Provocative dress order': Kerala HC dismisses session on Judge's plea challenging his transfer
The bench, headed by Justice Anu Sivaraman observed that the petitioner 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.
FollowThe Kerala High Court on Thursday dismissed the plea moved by the Principle District and Sessions Judge, Kozhikode, challenging his transfer order to the post of Presiding Officer, Labour Court, Kollam in the controversial "sexually provocative dress" remark.
The transfer was made after the judge made the controversial "sexually provocative dress" remark in the order granting bail to Civic Chandran in a sexual harasssment case.
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The bench, headed by Justice Anu Sivaraman observed that the petitioner 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.
Reading out the operative portion of the order, Justice Anu Sivaraman said, "I fail to see what legal right of the petitioner is infringed by the transfer order and I am of the opinion that the grounds raised in the writ petition do not justify the grant of any plea sought for."
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During the hearing on the previous day, the Counsel appearing for the petitioner, Advocate Dinesh Mathew J. Muricken, had submitted before the Court that a judicial officer can be transferred before completing the three-year term in a post only if it is necessary for the administration or under special circumstances. A wrong order passed while discharging judicial duty cannot be a ground for transfer.
Further, the advocate submitted that the post of Presiding Officer of a Labour Court is a deputation post and posting the petitioner in a deputation post requires the consent of the petitioner.
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However, the Kerala Court had remarked that the transfer order wasn't anything in the order to show that the transfer was made for passing an erroneous order. It also said that the transfer to the post of Presiding Officer of a Labour Court is not a deputation as it is well within the cadre of the Principle District Judge.
On August 12, the Judge had observed that the complaint of sexual harassment is not prima facie maintainable if the woman was wearing a sexually provocative dress.
