IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11150 of 2008(B) -------------------------- PETITIONER: ------------ R.S.RAJASEKHARAN, PREVENTIVE OFFICER, EXCISE RANGE OFFICE, CHADAYAMANGALAM, RESIDING AT THADATHUVILA VEEDU, PAVITHRESWARAM P.O., KOTTARAKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF TAXES GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, KOLLAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).11150/2008 -------------------- Dated this the 2nd day of April, 2008 JUDGMENT Petitioner is an Excise Preventive Officer and was transferred from Kottarakkara to Chadayamangalam under Ext.P1 dated 18.2.2008. He is aggrieved that within 45 days there from, under Ext.P2 order, he has been transferred from Chadayamangalam to Aryankavu and this has resulted in he being compelled to travel a distance of more than 80 kilometers every day. He submits that Ext.P2 cannot be stated to be issued in public interest. At any rate in such cases the order could have been issued only by the Government. 2. In my view, petitioner may bring his grievance to the notice of the superior authority. If a person is aggrieved by an order of transfer and posting, he is entitled to appeal against it before the next superior authority. 3. In the result, writ petition is disposed of permitting the petitioner to prefer an appeal against Ext.P2 before W.P.(C).11150/2008 2 the Excise Commissioner. If it is so done within a period of two weeks from today, it shall be considered and disposed of by the second respondent, Commissioner of Excise, within four weeks thereafter. Petitioner shall produce a copy of the writ petition also along with a copy of this judgment. V.GIRI, Judge mrcs