IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4333 of 2009(N)
1. VIBIN LUKOSE,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR,
3. THE DISTRICT COLLECTOR,
For Petitioner :SRI.S.SANJITH
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :17/02/2009
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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W.P ( C) No.4333 of 2009
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Dated this the 17th February,2009
J U D G M E N T
Presently the petitioner is aggrieved by the order of
transfer Exhibit-P6 by which he has been transferred from
the office of the Special Tahasildar, (LA) Kollam to
Kasargod. The transfer is ordered pending further steps
to take disciplinary action.
2. Learned counsel for the petitioner submitted
that even though there were some enquiries already
conducted involving the petitioner and Valuation
Assistant,the allegations against them are not really
correct. It is pointed out that going by Exhibit-P5, the
Valuation Assistant was transferred only to Collectorate
Accounts Wing, 13 kms away from the office of the Special
Tahsildar (LA), Kollam.
3. Petitioner is aggrieved by the order of transfer
mainly on two grounds that he is innocent of the matter
and secondly that his brother is serving in Indian Army
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and he is looking after their mother and his family.
Earlier, when the petitioner was transferred out of Kollam
district by Exhibit P6 (a), his superior officer had requested
the Director of Survey and Land Records to extend his
tenure of service to the next 3 years in Kollam district to
enable him to look after their mother and the family.
4. Presently, the petitioner has filed Exhibit-P7
representation seeking for an accommodation in any of the
vacancies in Kollam district so that he can look after his
family including the mother.
5. Going by Exhibit-P6, the order of transfer has
been issued pending consideration of action against him. It
is one issued in the exigencies of service. The proceedings
show that there was a preliminary enquiry by the
Inspection Vigilance Wing and it is mainly based on their
report that the order of transfer has been passed. The said
order cannot be said to be arbitrary or illegal. Therefore,
the petitioner will have to join the transferee station
awaiting further orders in the matter. After he joins the
said station the representation filed as Exhibit-P7 will be
considered in accordance with the guidelines in the matter
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at the time of general transfer.
With the above observations, the writ petition is
disposed of.
(T.R.RAMACHANDRAN NAIR,
JUDGE)
ma
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