IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23987 of 2010(W)
1. DR.B.KRISHNAKUMARI,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF INDIAN SYSTEMS OF
3. DR.REX.P.NELSON,SENIOR MEDICAL OFFICER,
For Petitioner :DR.K.P.SATHEESAN
For Respondent :SRI.ELVIN PETER P.J.
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/08/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.23987 OF 2010(W)
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Dated this the 20th day of August, 2010
J U D G M E N T
Petitioner is working as Chief Medical Officer (Ayurveda) in
the District Govt. Ayurveda Hospital, Ernakulam since August,
2009. It is stated that she is due to retire on 31.3.2011. While so
by Ext.P2 order dated 29.7.2010, petitioner has been transferred
and posted to Government Ayurveda Hospital, Thalavoor, Kollam
District. It is challenging Ext.P2 order that this writ petition has
been filed. While admitting the writ petition on 30.7.2010,
this court also passed an interim order permitting the petitioner to
continue at Ernakulam.
2. Respondents have filed a counter affidavit justifying the
transfer and also stating that the 3rd respondent who is posted in
the petitioner’s place assumed charge before the order dated
30.7.2010 was communicated.
3. From the counter affidavit filed on behalf of the first
respondent what emerges is that there were certain complaints
against the petitioner, and enquiry has been held. It would
appear that according to them proceedings are to be initiated
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against the petitioner. It is stated that, in view of the above, it
will not be in public interest to allow the petitioner to continue in
Ernakulam and therefore Ext.P2 transfer order was issued.
4. Admittedly the petitioner is holding a transferable post.
An order of transfer issued, even deviating from the guidelines,
can be interfered by this court, only if the same is vitiated for
mala fides or arbitrariness. In this case, from the averments in the
counter affidavit, it is seen that it is on account of the proceedings
which are contemplated against the petitioner, that she has been
transferred. Such a decision taken cannot be said to be mala fide
or arbitrary. In that view of the matter this court will not be
justified in interfere with the writ petition.
Petitioner is allowed time till 27.8.2010 to join at the
transferred place.
Writ Petition is closed.
(ANTONY DOMINIC)
JUDGE
vi/
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