IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 3654 of 2010(F) ------------------------- PETITIONER(S): --------------- K.THANKAMANI, W/O.SIVARAMAN, JUNIOR PUBLIC HEALTH NURSE,TIRUR TALUK HOSPITAL, (PP UNIT),KIZHAGILAPARAMBIL HOUSE,THANALUR,TIRUR TALUK,MALAPPURAM. BY ADV. SRI.JAMSHEED HAFIZ SRI.K.C.KIRAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT MEDICAL OFFICER, MALAPPURAM. 3. JOHN BORCO, JUNIOR HEALTH INSPECTOR, MERLIN MANDIRAM,KAVANAD POST, KOLLAM. GOVERNMENT PLEADER SRI.P.NANADA KUMAR-R1,R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 3654 OF 2010 -------------------------------------------- Dated this the 15th day of February, 2010 JUDGMENT The petitioner is a Junior Public Health Nurse attached to the Taluk Hospital, Tirur. She was transferred to Munniyoor Primary Health Centre as per Ext.P6 order dated 25.1.2010. Going by the averments made in the Writ Petition, it is evident that on 7.10.2009 at about 2.50 p.m., there occurred an altercation between the petitioner and the third respondent. According to the petitioner, the third respondent had used abusive language against her and she preferred a complaint against the third respondent. An enquiry was conducted and a crime was also registered against the third respondent. In view of the averments made by the petitioner, it is evident that an unpleasant scene had occurred in the hospital and there was exchange of abusive language. Such an unfortunate situation cannot be permitted to occur in a place like a hospital and, therefore, the authorities, on receipt of the complaint regarding the said incident and taking note of the situation, thought it fit to transfer the petitioner from the Taluk Hospital, Tirur, so as to create a peaceful atmosphere in the hospital. Admittedly, the third respondent was also transferred from the said hospital as per Ext.P7 order dated 25.1.2010. The grievance of the petitioner is that it would appear from Ext.P6 order W.P.(C) NO. 3654/2010 2 that she was transferred as part of disciplinary proceedings. 2. It is a settled position that any order pertaining to a service condition which is likely to cast a stigma against an employee cannot he passed in violation of the principles of natural justice. When this matter came up for admission, the learned Government Pleader, on instruction, submitted that Ext.P6 order is not punitive in nature and that it was issued for the purpose of maintaining discipline and creating a peaceful atmosphere in the hospital. That was the reason why both the petitioner and the third respondent were transferred, it is submitted. The transfer, in such circumstances, cannot be deemed to be an order which is punitive in nature. Therefore, there cannot be any question of casting a stigma on the petitioner. I am of the opinion that the petitioner has not made out a case warranting interference with Ext.P6 order of transfer, which was issued in the circumstances mentioned above. The Writ Petition is devoid of any merit and it is accordingly dismissed. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 3654/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 3654/2010 JUDGMENT 15th February, 2010 W.P.(C) NO. 3654/2010 4