IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 10959 of 2008(D) -------------------------- PETITIONER: ------------ DEVARAJAN.C., CHOLAKKAL HOUSE, PERUMPUZHA P.O., KUNDARA, KOLLAM. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: ------------- 1. PRINCIPAL SECRETARY TO GOVERNMENT, VIGILANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR, VIGILANCE AND ANTICORRUPTION, BUREAU, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 10959 of 2008 -------------------------- Dated this the 1st April, 2008 J U D G M E N T Petitioner is working as Village Officer at Kollam. Apparently, he is arrayed as an accused in a vigilance case registered by the Vigilance and Anti Corruption Bureau as FIR No.1/08 for offences under the Prevention of Corruption Act. According to the petitioner, 3rd respondent has sent a recommendation to the Government to suspend or transfer the petitioner during the pendency of the investigation. Petitioner submits that his version may also be considered before implementing or accepting the recommendation of the Director of Vigilance and Anti Corruption Bureau. 2. A transfer or even a suspension of the petitioner pursuant to the recommendation of the Director of Vigilance and Anti Corruption Bureau could not be in the nature of punishment as such. If Exhibit P2 has been received by the Government and a decision is yet to be taken by the Government on the recommendation of the Director of Vigilance and Anti W.P ( C) No. 10959 of 2008 2 Corruption Bureau, then the contents of Exhibit P2 may also be looked into by the Government before a decision is taken on the recommendation of the 3rd respondent. The writ petition is disposed of as above. (V.GIRI, JUDGE) ma W.P ( C) No. 10959 of 2008 3 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No. 10959 of 2008 4 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.