Kochi: The Kerala High Court on Tuesday reserved its order on the plea filed by Kozhikode principal sessions and district judge seeking to quash the order issued by it transferring him as presiding officer of a Labour Court in Kollam.
District Judge S Krishnakumar, who filed the plea, was transferred days after he passed a 'provocative dress' remark while granting bail to the accused in a sexual assault case.
Moving the High Court, the judge had claimed that his transfer order issued by the Registrar of the High Court was against the transfer norms.
The judge contended that as per transfer norms, he was entitled to continue as Kozhikode Principal District and Sessions Judge, till his retirement on May 31, 2023.
But Justice Anu Sivaraman observed that the transfer was not a deputation as it was well within the cadre of the Principle District Judge.
Krishnakumar said he can be transferred as per the norms before completing three years of service only if it is necessary, in the interest of administration, or under special circumstances.
"Wrong order passed while discharging judicial duty cannot be a grounds for transfer," the judge said in the plea.
Krishnakumar said transferring him was illegal as it was a deputation post and his consent, which was required for transferring him to that post, was not obtained before taking that decision.
The judge said he has been having an unblemished service of 27 years and at the fag end of his career transferring him would tell upon his dedication while discharging duty as a judicial officer.
While granting bail to writer Civic Chandran, Judge Krishkumar observed that the complainant was wearing a 'sexually provocative dress at the time of the incident.'
"This was clear from the photos submitted by Civic Chandran. Hence the offence under Section 354 A of the IPC is not prima facie attracted,” he had said in his judgment.
He was transferred on August 23. The High Court has also cancelled the bail granted to Chandran.
