IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 7230 of 2010(C) ------------------------- PETITIONER(S): --------------- DR.SUNI JOSEPH,MEDICAL OFFICER, COMMUNITY HEALTH CENTRE,PANATHADY, KASARAGOD DISTRICT. BY ADV. SRI.C.P.CHANDRASEKHARAN (CALICUT) SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, KASARAGOD. GOVT.PLEADER SRI.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 7230 OF 2010 -------------------------------------------- Dated this the 17th day of March, 2010 JUDGMENT The petitioner is working as Medical Officer in-charge at Community Health Centre, Panathady in Kasaragode District. She was placed under transfer as per Ext.P10 dated 12.11.2009. Ext.P10 transfer order was challenged by the petitioner by filing W.P.(C). No.33774 of 2009 and it was disposed by this Court as per Ext.P12 judgment dated 30.11.2009 with a direction to the first respondent to consider Ext.P15 representation therein, made with the request to retain her in Panathady Community Health Centre itself. It was also directed therein to retain the petitioner till an order is passed thereon. In terms of the directions in Ext.P12 judgment, the first respondent considered Ext.P15 representation submitted by the petitioner and passed Ext.P13 order dated 28.1.2010. This Writ Petition is filed challenging Exts.P10 and P13 orders. 2. Admittedly, the petitioner has completed the normal period of stay of 3 years in the said station on 6.6.2009. Paragraph 4 W.P.(C) NO.7230/2010 2 of Ext.P13 would reveal the circumstances that led to the transfer of the petitioner. It is evident from Ext.P13 that it was with a viewto maintain a peaceful and healthy atmosphere in the said Community Health Centre that the petitioner was to be transferred out. In that context, the recommendations made by the local self government institutions like the Kallar Grama Panchayat and the Kanhangad Block Panchayat had been referred to therein. The District Medical Officer Kasaragode has also recommended that the continuation of the petitioner at the said Community Centre is not conducive to the peaceful functioning of the said health centre. It is taking into account all these aspects that in order to maintain peaceful and healthy atmosphere for a proper functioning of the said health centre, a decision was taken to transfer the petitioner. The fact that such an order was passed pending enquiry and disciplinary action would not, in the said circumstances, make it an order passed with mala fides or an order of punitive in nature. In view of the facts obtained in this case as above, I am not inclined to interfere with Exts.P10 and P13 orders. However, it is made clear that in view of the settled position that no order casting a stigma on an employee can be made without affording him/her an opportunity of being heard, Exts.P10 and P13 shall not be construed as a punishment at all and they shall not stand in the way of further prospects of the petitioner in her W.P.(C) NO.7230/2010 3 service. It is further made clear that this observation would not stand in the way of continuance of the enquiry and disciplinary action contemplated, in accordance with law. Subject to the above observations, the Writ Petition is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.7230/2010 4 C.T. RAVIKUMAR, J. W.P.(C). NO. 7230/2010 JUDGMENT 17th March, 2010