IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 23987 of 2010(W) -------------------------- PETITIONER(S): --------------- DR.B.KRISHNAKUMARI, CHIEF MEDICAL OFFICER,DISTRICT AYURVEDA HOSPITAL, ERNAKULAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY, HEALTH & FAMILYU WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINES,THIRUVANANTHAPURAM-33. 3. DR.REX.P.NELSON,SENIOR MEDICAL OFFICER, AYURVEDA HOSPITAL,KATTIPARAMBA,FORT KOCHI, ERNAKULAM,KOCHI-1. ADV. SRI.ELVIN PETER P.J. FOR R3 SMT.POOJA SURENDRAN FOR R3 GOVERNMENT PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.23987 OF 2010(W) -------------------------------------------------- Dated this the 20th day of August, 2010 J U D G M E N T Petitioner is working as Chief Medical Officer (Ayurveda) in the District Govt. Ayurveda Hospital, Ernakulam since August, 2009. It is stated that she is due to retire on 31.3.2011. While so by Ext.P2 order dated 29.7.2010, petitioner has been transferred and posted to Government Ayurveda Hospital, Thalavoor, Kollam District. It is challenging Ext.P2 order that this writ petition has been filed. While admitting the writ petition on 30.7.2010, this court also passed an interim order permitting the petitioner to continue at Ernakulam. 2. Respondents have filed a counter affidavit justifying the transfer and also stating that the 3rd respondent who is posted in the petitioner's place assumed charge before the order dated 30.7.2010 was communicated. 3. From the counter affidavit filed on behalf of the first respondent what emerges is that there were certain complaints against the petitioner, and enquiry has been held. It would appear that according to them proceedings are to be initiated WPC.No.23987 /2010 :2 : against the petitioner. It is stated that, in view of the above, it will not be in public interest to allow the petitioner to continue in Ernakulam and therefore Ext.P2 transfer order was issued. 4. Admittedly the petitioner is holding a transferable post. An order of transfer issued, even deviating from the guidelines, can be interfered by this court, only if the same is vitiated for mala fides or arbitrariness. In this case, from the averments in the counter affidavit, it is seen that it is on account of the proceedings which are contemplated against the petitioner, that she has been transferred. Such a decision taken cannot be said to be mala fide or arbitrary. In that view of the matter this court will not be justified in interfere with the writ petition. Petitioner is allowed time till 27.8.2010 to join at the transferred place. Writ Petition is closed. (ANTONY DOMINIC) JUDGE vi/ WPC.No.23987 /2010 :3 :