IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 35017 of 2009(V) -------------------------- PETITIONER: -------------- M.MUHAMMED HUSSAIN, TAHSILDAR, NATIONAL HIGHWAY (LAND ACQUISITION) NO.I, KAKKANAD, ERNAKULAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPT. OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE, MUSEUM, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA. BY GOVT. PLEADER, SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 35017 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2009 JUDGMENT While working as Deputy Tahsildar, by Ext.P12 order dated 14.08.08, petitioner was placed under suspension pending disciplinary action, on the ground that he had committed irregularities in the assignment of puramboke land to certain private individuals. Subsequently, by Ext.P12 (a) order dated 15.11.08, petitioner was ordered to be reinstated without prejudice to the right of the respondents to continue the disciplinary proceedings and on the further condition that the petitioner will not be posted within Pathanamthitta District. Accordingly petitioner was posted in Thrissur District. 2. While so, petitioner submitted Ext.P18 representation to the respondents, requesting for a transfer and posting within Pathanamthitta District. Pursuant to the directions of this Court in WP(C) No. 38181/08, the representation was considered and Ext.P19 order was issued, rejecting the request on the ground that the petitioner was suspended from service on account of WPC : 35017 of 2009 -:2:- misconducts committed while working in Pathanamthitta District and that further action in this regard is pending. In Ext.P19 reference is made Ext.P20, a Circular dated 23.05.94. Aggrieved by Ext.P19, petitioner approached the Government by filing Ext.P23 representation. That representation was directed to be considered in Ext.P23(a) judgment by WP(C) No.16718/09. Accordingly, the matter was considered and Ext.P24 order has been issued rejecting the request. It is Exts.P19 and P24 which are under challenge in this writ petition. 3. The reasons stated in Ext.P24 is that with regard to the above allegations of misconducts allegedly committed by the petitioner, the Commissioner of Land Revenue has appointed an Assistant Commissioner(LA) to enquire into the issues, vide proceedings dated 17.06.09 and that the report is still awaited. It is stated at that stage that since the enquiry is pending against the petitioner, his request for transfer cannot be allowed. 4. Counsel for the petitioner submits that the reason for rejecting the request is the alleged pendency of Vigilance enquiry. But that reason is not stated either in Ext.P19 or in Ext.P24. Though in Ext.P19 reference has been made about WPC : 35017 of 2009 -:3:- Ext.P20 Circular, Ext.P19 order does not say that any Vigilance Enquiry is pending against the petitioner. It is evident from Ext.P24 that only a fact finding enquiry is pending against the petitioner. 5. If the Government have, with due application of mind, decided that at this stage it is not desirable to post the petitioner within Pathanamthitta District, this Court will not be justified in interfering with such a finding. 6. However, if an enquiry has been ordered as mentioned in Ext.P24, it shall be expedited and completed as expeditiously as possible and at any rate within two months from the date of receipt of a copy of this judgment. It is directed that once the enquiry is completed, it will be open to the petitioner to move the Commissioner for a suitable posting and the same will be considered on merits expeditiously. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE ttb