IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 25653 of 2009(B) -------------------------- PETITIONER: --------------- SUBEESH SOMAN, AGED 27 YEARS, S/O.LATE SOMAN, RESIDING AT SUBEESH BHAVAN, PUTHYAKKALA VEEDU, KAREEPRA, KUZHIMATHIKADU P.O., KUNDRA, KOLLAM. (L.D.C., OFFICE ASSISTANT ENGINEER, REVENUE SECTION NO.II, PATTOOR, TVM.) BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS: --------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, CENTRAL SUB DIVISION, JALA BHAVAN, VELLAYAMBALAM, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 3. SUPERINTENDING ENGINEER, P.H.CIRCLE, OBSERVATORY HILLS, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY SC, KWA SRI.J. KRISHNAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 25653 of 2009 -------------------------- Dated this the 16th September,2009 J U D G M E N T Petitioner who entered service as a Lower Division Clerk in the Water Authority on 28.10.2002 was stationed at Thiruvananthapuram, though his native district is Kollam, till recently. It seems that on the basis of an incident which had taken place on 22.7.2009, about which they are conflicting versions, petitioner was issued Ext.P3 memo alleging that he had misbehaved with the superior officer namely the Assistant Executive Engineer. He submitted Ext.P4. By Ext.P5 the Superintending Engineer transferred and posted the petitioner to the Water Supply Sub Division, Nedumangad, The same is under challenge in the writ petition. Ext.P5 need not be considered as a punishment. It could have been issued for the purpose of facilitating administration. 2. But nevertheless, if the petitioner moves the Managing Director of the Water Authority against Ext.P5 within three weeks from today, the Managing Director W.P ( C) No. 25653 of 2009 2 shall hear the petitioner and take a decision within six weeks thereafter. It is open to the Managing Director to review the transfer. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 25653 of 2009 3 W.P ( C) No. 25653 of 2009 4