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2026 Supreme(Ker) 330

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ.
Biju K.V. - Petitioner
Versus
State Of Kerala, Represented By The Secretary, Excise – Respondent
OP(KAT) NO. 90 OF 2026
Decided On : 17-03-2026

Advocates Appeared:
For the Petitioner: Sri.C.S.Manu, Shri.S.K.Premraj, Smt.V.Saritha, Sri.Dilu Joseph, Sri.C.A.Anupaman, Shri.T.B.Sivaprasad, Smt.Neethu.K.Shaji, Sri.C.Y.Vijay Kumar, Smt.Manju E.R., Shri.Alint Joseph, Shri.Paul Jose, Smt.Arunima G., Smt.Dainy Davis, Shri.Mahesh Kumar K., Shri.Shammy S., Smt.Punniya Vijayababu, Smt.Roanna Flora Kurian
For the Respondent: Smt. Princy Xavier, Sr. GP

The High Court maintains limited supervisory jurisdiction under Article 227, primarily to address grave derelictions from subordinate tribunals and not to substitute its own decisions on administrative matters.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Jurisdiction of High Court - Challenge to transfer order - The petitioner challenged transfer order based on health issues and community status. The administrative Tribunal's decision upheld the transfer based on sound legal foundation and factual assessment. Odds of grievance addressed via representation - Court's supervisory powers under Article 227 prevent interference unless gross injustices are found. (Paras 2, 5, 12, 17, 23)

(B) Jurisdictional Limitations - Scope of High Court Supervisory Jurisdiction - The High Court may not sit in appeal over administrative decisions unless clear misconduct or legal mala fides are evident. The tribunal acted within discretion; thus, judicial interference not warranted. (Paras 8, 10, 12)

Facts of the case:
The petitioner, an Excise Inspector, was transferred controversially before the completion of his tenure to a challenging location suggested by health and caste-related arguments. Authorities maintained the order aligned with administrative needs.

Findings of Court:
The Tribunal's directions for consideration against the petitioner's arguments were justified; petitioner's service was interpreted as subject to administrative discretion.

Issues: Central issues included the balance of administrative rights vs. personal grievances amid pressing administrative needs.

Ratio Decidendi: High Court confirmed its non-appeal function under Article 227, strict adherence to fundamental rights ensured against administrative arbitrariness.

Result: Original petition dismissed with directions for re-consideration of applicant's representation.

Table of Content
1. transfer order challenged on health and community grounds. (Para 1 , 2)
2. petition filed to address perceived injustices in transfer decision. (Para 3 , 4 , 5)
3. supervisory jurisdiction of high court over subordinate tribunals clarified. (Para 7 , 8 , 9 , 10 , 12)
4. administrative discretion in employment transfers must generally be respected. (Para 14 , 19 , 20 , 21)
5. final dismissal of the petition with directions for administrative review. (Para 24 , 25)

JUDGMENT :

Anil K. Narendran, J.

The petitioner filed O.A.No.291 of 2026 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram, invoking the provisions under Section 19 of the Administrative Tribunals Act , 1985, to quash Annexure A3 order dated 24.02.2026 issued by the 3rd respondent Additional Commissioner of Excise (Administration) to the extent of transferring the petitioner- applicant, who is working as an Excise Inspector, from the Excise Range Office, Ettumanoor, to the Excise Check Post, Kumily; a direction to the 2nd respondent Commissioner of Excise to take up and consider Annexure A11 representation dated 27.02.2026 made by the applicant and to keep in abeyance Annexure A3 order of transfer, to the extent of transferring the applicant from the Excise Range Office, Ettumanoor, to the Excise Check Post, Kumily.

2. On 02.03.2026, when O.A.No.291 of 2026 came up for consideration, the Tribunal disposed of the same by Ext.P2 order dated 02.03.2026. Paragraph 2 and also the last paragraph of that order read thus;

“2. The applicant submits that he has been posted to the present station vide Annexure A2 order dated 09.05.2025. Before completing his tenure, the applicant is being transferred to a difficult station at Kumaly. The applicant submits that he is a member of Scheduled Caste Community and is due to retire from service on 31.03.2017. Annexure A6 to A10 medical records have been produced in support of the contention that the applicant is suffering from Type-II Diabetes and is also undergoing treatment for Charcot's Arthropathy involving left knee and hind foot. Annexure A3 transfer order as far as the applicant and hi-s substitutes are concerned has already been implemented on 27.02.2026. Aggrieved by the transfer the applicant has submitted Annexure A11 representation before the 2nd respondent. The learned Counsel for the applicant submits that there is a vacancy available at Paulson's Distilleries, Muringoor, Chalakudy against which the applicant may be considered. Accordingly the Original Application is disposed of with a direction to consider the request of the applicant for a posting at Paulson's Distilleries or to any other vacancy at Thrissur. In order to facilitate this, the applicant shall produce a copy of the representation before the 2nd respondent within one week from today. If such a representation is received, the same shall be considered and disposed of within one month thereafter.”

3. Feeling aggrieved by Ext.P2 order dated 02.03.2026 of the Tribunal, the petitioner-applicant is before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India .

4. Heard the learned counsel for the petitioner-applicant and the learned Senior Government Pleader for respondents 1 to

5. The learned counsel for the petitioner-applicant would contend that Ext.P2 order dated 02.03.2026 of the Kerala Administrative Tribunal in O.A.No.291 of 2026 is one passed without properly appreciating the legal and factual contentions raised by the petitioner. Therefore, the said order warrants interference in this original petition.

6. The learned Senior Government Pleader would submit that, considering the facts and circumstances of the case, the Tribunal cannot be found fault with in disposing O.A.No.291 of 2026 by directing the 2nd respondent Commissioner of Excise to consider and pass appropriate orders on Annexure A11 representation dated 27.02.2026 made by the petitioner. Therefore, E

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