IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 7019 of 2009(V) ------------------------------------ PETITIONER(S): ---------------------- V.K.SASIDHARAN NAIR, AGED 52 YEARS, S/O.LATE KUTTAPPAN NAIR, PADATHILPUTHEN PURA HOUSE THRIKKARIYOOR P.O. KOTHAMANGALAM, WORKING AS A SALESMAN IN FLI SHOP KOTHAMANGALAM. BY ADVS. MR.ELDHO PAUL SMT.TESSY JOSE RESPONDENT(S): ------------------------ 1. THE MANAGING DIRECTOR, KERALA STATE BEVERAGES (MANUFACTURING & MERKETING) CORPORATION LTD., P.B.2263, SASTHA KRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM-10. 2. THE WAREHOUSE MANAGER, KERALA STATE BEVERAGES CORPORATION LTD., ALUVA. 3. THE SHOP IN CHARGE, K.S.B.C.LTD., FLI SHOP NO.147, KOTHAMANGALAM. ADV. MR.ELVIN PETER.P.J, SC,BEVERAGES CORPN FOR R1,2,3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 7019 of 2009 --------------------------------------------------- Dated this the 17th day of March, 2009 JUDGMENT The petitioner is an Abkari worker presently working as a Salesman. The writ petition is filed challenging the order of trnansfer, Ext.P3. 2. The petitioner has been working as a Salesman in the FLI shop at Kuruppumpady under the Lean shop of Aluva, since 2007 onwards. In January, 2009, he requested for a transfer to his own station at Kothamangalam in view of the illness of his aged mother. By Ext.P1 order dated 20.01.2009, he was transferred to the FLI shop Kothamangalam and was continuing as such. By Ext.P3, again he was transferred to the Warehouse, Aluva. According to the petitioner, the frequent transfers effected as above is really an abuse of the power. There is no administrative reason as such, also. 3. As directed by this Court, on behalf of the respondents a statement has been filed along with Exts.R1(a) to (d) documents. The statement reveals that while he was working in the FLI shop, Kuruppumpady a complaint has been received from the Shop-in-Charge to the Warehouse, Manager, Aluva. wpc: 7019 of 2009 2 Mainly the allegation was his misbehaviour during the working hours. It is explained in Ext.R1(b) memo. Another complaint was that the petitioner used to consume liquor during the working hours. Subsequently, a warning Ext. R1(c) was ordered against him. 4. It is explained after his present transfer, by Ext.R1(d) that other co-workers at Kothamangalam submitted a complaint to the Shop-in-Charge alleging misbehaviour on the part of the petitioner apart from taking alcoholic drinks. It is therefore pointed out that he has been transferred to the Warehouse, where he will be under the supervision of the Manager which will avoid further troubles to the co-workers. 5. The learned counsel appearing for the petitioner submitted that the allegations about the petitioner are not correct and none of the customers have raised any complaint against him. Be that as it may, now that the transfer is ordered due to the alleged complaints against him it cannot be said that there is abuse of the power. The transfer order is not issued with any malafide intention. wpc: 7019 of 2009 3 6. This Court will not be justified in adjudicating the factual disputes arising between the parties in this proceedings. It is up to the petitioner to invoke the attention of the first respondent if he has got a complaint that the alleged complaints raised against him are without any basis. Therefore, if the petitioner moves the Managing Director in the matter by way of a representation, the same will be considered and appropriate orders will be passed without delay. 7. The learned counsel appearing for the petitioner prayed that the petitioner will be allowed to continue in Kothamangalam till the matter is decided by the Managing Director. The petitioner will join in the Warehouse, Aluva and then avail appropriate remedies. The Writ Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE bps