Judgment · High Court

THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ.----------------------------------------O.P.(KAT)No.405 of 2012----------------------------------------Dated this the 7th day of February, 2012JUDGMENTThottathil B.Radhakrishnan, J. The petitioner, a member of the police force, has beentransferred from Idukki to Ernakulam. He challenged it before the Kerala Administrative Tribunal. The Bench called for the records andhas recorded in the impugned order that the file contained materials toshow that there was an assessment of the performance of the applicantand others by the Inspector General of Police, Ernakulam Range andthe applicant was alerted that he should improve his performance. TheTribunal adverted to Section 97(1)(d) of the Kerala Police Act, 2011 tonotice that if a superior officer, evaluating the work of an officer, reports, in writing, that the officer is not carrying out his dutiesefficiently, the provision for minimum tenure of a police officer in astation need not be adhered to. In this view of the matter, we do notfind any jurisdictional infirmity or illegality in the impugned decision ofthe Tribunal warranting visitation under Article 226/227 of the Constitution of India. OP(KAT).No.405/20122The original petition fails and is dismissed in limine. We,however, clarify that this judgment will not stand in the way of thepetitioner seeking relief against any adverse entry in the CRs. Sd/- THOTTATHIL B. RADHAKRISHNAN JudgeSd/- C.T.RAVIKUMAR JudgeTKS/7.2.2012