High CourtsSingle Bench(2010) 12 KL CK 0090

Sri T.B. Raju, Sri S. Abdhul Rasheed and Sri P.K. Kuriakose vs The Senior Administrative Officer, The Director of Economics and Statistics and The Deputy Director of Economics

High Court Of Kerala · Decided on 2 December 2010

HON’BLE JUDGES
S. Siri Jagan, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 35019 of 2010 (B)

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Judgment

8 paragraphs · 265 words

S. Siri Jagan, J.—The Petitioners are Statistical Inspectors Grade I working at Kattappana in the Department of Economics and Statistics of the Government of Kerala. They are aggrieved by their transfer to Thodupuzha by Ext.P1 order. According to the Petitioners, the transfer has been made as a punishment without affording the Petitioners an opportunity to prove their innocence. The Petitioners, therefore, seek the following reliefs:

i. to call for the records leading to Ext.P1 and P6 and quash Ext.P6 order issued by the 2nd Respondent by a issuing writ of certiorari.

ii. Issue a writ of mandamus or other appropriate writ, order or direction to the 1st and 2nd Respondent to reconsider Ext.P3 to P5 request submitted by the Petitioners and provide a posting in Idukki District itself.

iii. declare that the transfer cannot be made as a punishment thereby the transfer order issued to the Petitioners to distant places on the basis of disciplinary proceedings is illegal.

2.

The learned Government Pleader points out that disciplinary proceedings have been initiated against the Petitioners and the transfer is a part of such disciplinary proceedings. Therefore, there is nothing illegal in their transfer.

3.

I have considered the rival contentions of the parties.

4.

Evidently in view of the disciplinary proceedings, the Respondents could have very well put the Petitioners under suspension.

Instead, as part of the disciplinary proceedings they have only transferred the Petitioners from Kattappana to Thodupuzha. That can only be in the exigencies of service. As such, I do not find any merit in the writ petition and accordingly, the same is dismissed.