IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 32209 of 2009(U) -------------------------- PETITIONER(S): --------------- VENUGOPAL T.P., S/O.LATE SUBRAMANIAN NAMBOOTHIRI, "GAYATHRI", NEW VILLAGE, KUNISSERY P.O., ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: --------------- 1. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF PANCHAYATS, PALAKKAD. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, KASARGODE. 4. SRI.NARAYANANKUTTY, ACCOUNTANT, PALLASANA GRAMA PANCHAYAT, PALAKKAD DISTRICT. 5. BEENA THOMAS JOHN, ACCOUNTANT, AYILOOR GRAMA PANCHAYAT, PALAKKAD DISTRICT. 6. SMT.VALSALA, THE PRESIDENT, ERIMAYOOR GRAMA PANCHAYAT, PALAKKAD DISTRICT. 7. KEEZHATTUR GRAMA PANCHAYAT, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.32209 of 2009 -------------------------- Dated, this the 25th day of November, 2009 J U D G M E N T The petitioner's grievance is against Ext.P7. 2. According to him, by Ext.P2 order dated 22/08/2009, he was posted at Keezhattoor Grama Panchayat in Malappuram district, although, by Ext.P1, he had opted three stations at Palakkad district. It is stated that subsequent to Ext.P2, by Exts.P3 & P4, his juniors were posted to the stations opted by him by Ext.P1. According to the petitioner, as he was enemical with the political party in power at the Keezhattur Grama Panchayat, at their instance, by Ext.P7, he has been transferred to Valiyaparamaba Grama Panchayat in Kasaragod district. It is against this transfer, this writ petition is filed. 3. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, by order dated 27/07/2008, the petitioner was suspended from service following commission of certain misconducts. It is stated that thereafter on 04/06/2009, he was ordered to be reinstated with a condition that he shall not be reinstated in Palakkad District, and WP(C) No.32209/2009 -2- that therefore, he was posted at a station in Kannur district. Thereafter he was promoted as Accountant and by Ext.P2 order he was posted at Keezhattoor Grama Panchayat in Malappuram district, where he joined on 07/09/2009. It is stated that the Panchayat passed a resolution on 29/09/2009 making very serious allegations against the petitioner and requesting to transfer and post him outside the Panchayat. It is stated that having regard to the allegations levelled against him and in view of the resolution that was passed by the Panchayat, by Ext.P7 order he was posted at Valiyaparamba Grama Panchayat, where a vacancy was available. Although, the petitioner has raised various contentions against what is reported by the learned Government Pleader, as far as this Court is concerned, all that this Court need to examine is whether Ext.P7 is vitiated by malafide as contended by the petitioner. In the factual back ground as stated above, the authorities cannot be faulted, if they have taken a bona fide decision to transfer the petitioner outside the present station. Therefore, I am not persuaded to interfere with Ext.P7. This writ petition fails, and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg