IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 9740 of 2010(N) ------------------------- PETITIONER(S): --------------- SHAJAHAN, ASI OF POLICE, POTHENCODE POLICE STATION, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM. BY ADV. SMT.SREEDEVI KYLASANATH SMT.V.J.SAFEENA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF POLICE, O/O. THE INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM RANGE, NANDAVANAM, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL. 5. SUB INSPECTOR OF POLICE, POTHANCODE POLICE STATION. BY MR.ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------- W.P.(C) No.9740 of 2010 --------------------------------- Dated this the 6th day of April 2010 J U D G M E N T The petitioner is working as an Assistant Sub Inspector of Police. In this writ petition, he assails Ext.P6 whereby he was transferred from Attingal Police Station in Thiruvananthapuram District to Pothencode Police Station in Kollam District. 2. A statement has been filed by the respondents in this writ petition. Paragraph 4 of the said statement assumes relevance for the purpose of the case. The same reads thus :- “There is written report that he has unholy nexus with notorious criminal and unfair relationship with some women. The Inspector General of Police, Thiruvananthapuram Range, on getting such report about the ASI, considered his continuance in the District as undesirable and in exercise of his administrative authority transferred him to the neighboring district in public interest. It is pertinent to note that ordinarily an ASI is liable to be posted anywhere within the Range.” Based on the statement, the learned Government Pleader submits that the petitioner has been placed under order of transfer as per Ext.P6 on public interest as his continuance in Thiruvananthapuram District is undesirable. W.P.(C) No.9740 of 2010 -2- 3. The learned counsel for the petitioner submits that since the petitioner has already approached the 2nd respondent through Ext.P8 representation, the 1st respondent may be directed to consider Ext.P8 representation after affording an opportunity of being heard. 4. Without making any observation as to the merits of the rival contentions, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Ext.P8 representation expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. In view of the seriousness of the allegations raised against the petitioner, it will only be appropriate to afford an opportunity of being heard to the petitioner. Therefore, the 2nd respondent shall afford the petitioner an opportunity of being heard before taking a decision on Ext.P8 as directed above. C.T.RAVIKUMAR, JUDGE Jvt