HC quashes transfer order of judge who made ‘sexually provocative dress’ remark

Kerala High Court has quashed the registrar general’s order transferring Kozhikode Principal District and Sessions Judge S Krishnakumar, who made a controversial ‘sexually provocative dress’ remark as a presiding officer of the Labour Court in Kollam district.
The Division bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias CP quashed the transfer order. The ruling by the Division bench came in response to an appeal by Justice Krishnakumar challenging the order by the high court single bench, dismissing his appeal against the transfer order. Earlier, the Division bench had stayed the transfer order.
In his appeal, Justice Krishnakumar contended, “It is not sustainable in law as the finding of the single Judge that the transfer norms are only guidelines and that it will not confer any right on the transferred employee. The order is against the dictum laid down by the apex court in a recent decision on a similar matter. The single judge failed to consider the facts of the case as a judicial officer can be transferred during the currency of three years if it is necessary in the administration of justice, and in the appellant’s case, the single judge had not held that the transfer of the appellant is in the interest of the administration of justice.”
“The finding of the Single Judge that the appellant cannot be said to be prejudiced in any manner by his transfer as a Presiding Officer, Labour Court, Kollam district is not correct. The appellant is a Special Grade District Judge and was discharging duty as Principal District and Sessions Judge, and that post is occupied by the senior most Special Grade District Judge therefore, transferring and posting the appellant will necessarily result in prejudice,” the plea said.
The bench of S Krishnakumar in the Kozhikode Sessions Court, issued an order on August 12, observing that a sexual harassment complaint would not stand if the woman was wearing a ‘sexually provocative dress’.