High Court Kerala High Court

P.G.Ushadevi vs The Managing Director on 23 June, 2008

Kerala High Court
P.G.Ushadevi vs The Managing Director on 23 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6892 of 2007(U)


1. P.G.USHADEVI, SENIOR ASSISTANT MANAGER,
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

2. SRI.CHANDRAKANTH,

3. THE KERALA STATE WAREHOUSING

                For Petitioner  :SRI.K.RAMAKUMAR

                For Respondent  :SRI.MAJNU KOMATH, SC, K.S.W.C.

The Hon'ble MR. Justice V.GIRI

 Dated :23/06/2008

 O R D E R
                            V. GIRI, J.
                   -------------------------------
                    WP(C).NO. 6892 of 2007
                  ---------------------------------
           Dated this the 23rd        day of June, 2008

                           JUDGMENT

The challenge in this writ petition is against the order of

transfer Ext.P1, by which the petitioner, while functioning as the

senior Assistant Manager of the Kerala State Warehousing

Corporation, North Paravoor was transferred to Thodupuzha.

Ext.P1 shows that apparently the transfer was on account of

allegations of financial irregularities and mal practices against

the petitioner. I do not propose to consider the contentions as

regards the transfer on merits essentially because of the

submission made by Sri.Majnu Komath that subsequently

disciplinary enquiry has been initiated against the petitioner on

the same allegations and she is under suspension.

2. Taking note of the allegations of biased enquiry and in

the interests of justice, this court directed the Corporation to

appoint an enquiry officer and the said enquiry officer has

commenced proceedings as well. On completion of the enquiry,

suitable orders will be passed by the disciplinary authority.

WPC.6892 /2007 2

Obviously if the petitioner is exonerated from the charges

referred to in Ext.P1 and therefore the Corporation is required to

reinstate her service, then the mere fact that by Ext.P1, she was

transferred from North Paravoor to Thodupuzha should not stand

in the way of the management, posting her in a suitable place.

Subject to this, the writ petition is closed.

V. GIRI, JUDGE.

pmn/

WPC.6892 /2007    3