Kerala High Court Intervenes in Lineman Transfer Case
A bench of the Kerala High Court, led by Justice N Nagaresh, has issued a significant interim order. The court has stayed the transfer of a lineman working for the Kerala State Electricity Board (KSEB). This transfer was initiated following a complaint made by Thiruvambady MLA Linto Joseph. The stay will remain in effect for one month, providing temporary relief to the employee.
Petitioner's Allegations and Defense
The lineman, Lukmanul Hakkeem, filed a petition challenging his transfer. He was moved from Pannikkode in Kozhikode district to Purangu in Malappuram district. Hakkeem strongly denied the charges leveled against him. He claimed the transfer resulted directly from the MLA's complaint to the state electricity minister.
An executive engineer from the Kozhikode electrical division had issued a statement of charges and a formal charge sheet. The document accused Hakkeem of engaging in activities contrary to KSEB service rules. It alleged he acted against the board's interests. Specific accusations included organizing protests that obstructed Public Works Department (PWD) officials. The charge sheet also stated he threatened a PWD official over the phone, actions said to bring disrepute to KSEB.
In his petition, Hakkeem refuted all these allegations. He argued a critical point: he was never given a proper opportunity to present his side or be heard regarding the complaint. This lack of procedural fairness formed a core part of his legal challenge.
Violation of Transfer Guidelines
Hakkeem's petition raised another crucial issue. He contended that his transfer violated established guidelines under the workmen order applicable to KSEB employees. According to these rules, a workman must complete a minimum prescribed tenure at a station before being transferred. Hakkeem pointed out he had served only three years at his present station in Pannikkode. The required minimum tenure for transfer is five years. Therefore, moving him now directly contravened these protective service guidelines.
Court's Order and Next Steps
The High Court bench carefully considered the petitioner's submissions. Taking note of the arguments regarding the lack of hearing and the potential violation of transfer rules, the court decided to grant interim relief. The order stays the transfer of Lukmanul Hakkeem for a period of one month. Furthermore, the court permitted Hakkeem to resume his duties at his present station in Pannikkode, Kozhikode.
The court has adjourned the hearing of the petition. The next date for proceedings in this case is now set for February 13. This period will allow for further legal arguments and examination of the facts surrounding the MLA's complaint and the subsequent disciplinary action.
