IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 642 of 2009()
1. P.V.SURESH BABU, ASST. SECURITY OFFICER,
... Petitioner
Vs
1. UNION OF INDIA,
... Respondent
2. THE RUBBER BOARD, SUB JAIL ROAD,
3. THE CHAIRMAN,
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :25/03/2009
O R D E R
K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ.
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W.A. No.642 OF 2009
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Dated this the 25th day of March, 2009
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The writ petitioner is the appellant. He approached this
Court challenging Ext.P4 order, as per which, he has been
transferred from Kottayam to Guwahati. He is an Assistant
Security Officer working under the respondents. According to
him, the transfer is vitiated by malafidies. Since he is a member
of a Scheduled Caste, he is being harassed and discriminated.
The respondents on the other hand submitted that one post of
Assistant Security Officer has been shifted from Kerala to
Guwahati. The petitioner being the senior-most, among the
Security Officers serving in Kerala, has been transferred to
Guwahati. The said transfer is made in exigencies of service.
They denied the allegations of malafidies imputed against them
by the appellant. A transfer can be impugned under Article 226
of the Constitution of India only on two grounds. They are
1) the transfer is contrary to any statutory provision.
2) It is vitiated by malafidies.
W.A.No.642/2009 2
2. The learned Single Judge, who heard the writ petition,
dismissed it holding that the transfer has been ordered in
exigencies of service. Hence, this appeal.
3. The learned counsel for the appellant vehemently
contended before us that the appellant has been transferred to
harass him. His transfer is vitiated by malafidies. The said
contention of the appellant is disputed by the respondents.
Allegations of malafidies are easily made. But, it is difficult to
substantiate them. We do not find any material to arrive at a
conclusion that the transfer is vitiated by malafidies. Therefore,
the appeal fails and it is dismissed.
(K.BALAKRISHNAN NAIR, JUDGE)
(M.L.JOSEPH FRANCIS, JUDGE)
ps