IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 23737 of 2010(N) -------------------------- PETITIONER(S): --------------------- C.M.RAJAN, CHAKKAMKULAM, GANESH GIRI.P.O., SHORNUR-3, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, MEDICAL COLLEGE, THRISSUR. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-1, REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, WADAKANCHERY-680 582. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, WADAKANCHERY-680 582. 4. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, REGIONAL STORE DIVISION, ALUVA-683 101. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 23737 OF 2010 (N) ===================== Dated this the 29th day of July, 2010 J U D G M E N T Petitioner is a Sub Engineer working under the Kerala State Electricity Board. His grievance is that by Ext.P4 order, he has been transferred and posted to Regional Store Division, Aluva. According to the petitioner, the only reason could be the pendency of the disciplinary action pursuant to Ext.P1, and that, having regard to the nature of the charges levelled, he ought not have been transferred. 2. Admittedly, petitioner is holding a transferable post. Therefore, except in a case where the petitioner has succeeded in establishing malafides, this Court will not be justified in interfering with an order of transfer. Though vague allegations have been levelled, I am not persuaded to act upon the same. Even otherwise, if on account of Ext.P1 disciplinary action, the authorities have bonafidely taken a decision to keep the petitioner away from the office concerned, that by itself will not spell out a case of malafide. Therefore, I am not persuaded to think that Ext.P4 order is vitiated. WPC No. 23737/10 :2 : 3. Be that as it may, petitioner submits that having regard to the personal difficulties and on account of the availability of the vacancies in Trichur itself, even if he is to be removed from the present office, he can still be accommodated in that station. 4. Having regard to this specific case of the petitioner, I direct that it will be open to the petitioner to move an appropriate application before the Chief Engineer (HRM) of the 1st respondent Board. It is directed that if such a representation is made by the petitioner within two weeks from today, orders thereon will be passed within 4 weeks thereafter. 5. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the Chief Engineer for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp