IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14128 of 2010(M)
1. RAJIN SASI V.,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. DIRECTOR OF PANCHAYATH,
3. DEPUTY DIRECTOR OF PANCHAYATH,
4. VISAL E.VASUDEV,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :30/04/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.14128 of 2010
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Dated 30th April, 2010
JUDGMENT
The petitioner who was working as Lower Division Clerk in
the office of the Deputy Director of Panchayats, Thrissur has filed this
writ petition challenging Ext.P4 order dated 26.4.2010 issued by the
Deputy Director of Panchayats, Thrissur transferring him to Cherpu
Grama Panchayat.
2. The pleadings disclose that the petitioner was placed
under suspension by order dated 19.11.2009 issued by the State
Government. The petitioner challenged the said order by filing W.P.
(C)No.33866 of 2009 in this Court. Taking note of the fact that the
petitioner had already moved the Government invoking the power
under Rule 10(6) of the Kerala Civil Services (Classification, Control
& Appeal) Rules, this Court disposed of the said writ petition by
Ext.P2 judgment with a direction to the Government to consider the
representation filed by the petitioner and to take a decision thereon.
Pursuant to the said direction, the Government passed Ext.P3 order
dated 12.3.2010 reinstating the petitioner in service. In that order,
the Government also directed that he should be transferred out to
WP(C).No.14128/2010 2
another Panchayat and proceedings initiated against him for
imposition of minor penalty. Shortly thereafter by Ext.P4 order dated
26.4.2010 the petitioner was transferred to Cherpu Grama
Panchayat. The fourth respondent is the substitute appointed in the
petitioner’s place. It is this order of transfer which the petitioner
challenges in this writ petition mainly on the ground that it is one
engineered by Sri.Mohanan with whom he is not on good terms.
3. In my opinion, on the terms of Ext.P3 oder, the Deputy
Director of Panchayats was bound to transfer the petitioner.
Therefore, it is not necessary for this Court in this proceedings to
consider whether the order of transfer is one engineered by
Sri.Mohanan who is not a party to the writ petition. Further, the
transfer of the petitioner is from Thrissur to Cherpu which is less than
20 Kms. away from Thrissur. Thrissur and Cherpu are well
connected by road. In such circumstances, it cannot be said that by
transfer to Cherpu the petitioner is put to any serious inconvenience.
I accordingly hold that there is no merit in the writ
petition. The writ petition fails and is accordingly dismissed. It is
clarified that I have not expressed any opinion on the petitioner’s
contentions regarding the disputes with Sri.Mohanan and that the
dismissal of this writ petition will not stand in the way of the
WP(C).No.14128/2010 3
petitioner moving the Government seeking transfer to another
station.
P.N.RAVINDRAN
Judge
TKS