IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.K.DENESAN WEDNESDAY, THE 20TH DECEMBER 2006 / 29TH AGRAHAYANA 1928 WP(C).No. 31711 of 2006(A) -------------------------- PETITIONER: -------------- K.B.KOTNIS, H.C.NO.3330, DISTRICT SPECIAL BRANCH POLICE, ALAPPUZHA. BY ADV. SRI.M.K.PRADEEPKUMAR RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. BY ADV. SRI. BIJOY CHANDRAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.K.DENESAN, J ------------------------------- W.P.(C)NO. 31711 of 2006 ------------------------------- Dated this the 20th day of December, 2006 JUDGMENT The petitioner working as Head Constable in the District Special Branch Police, Alappuha, stands transferred as per Ext.P3 to Kanakakunnu Police Station. The order was passed on 17.11.2006 by the Superintendent of Police, Alappuzha. It is contended that the impugned order is violative of the departmental circulars and is arbitrary. According to him, he has been transferred within a span of one year and 9 months while retaining those who are having more than 4 years service in the same place. 2. In the statement filed on behalf of the third respondent, it is stated that deficiency in the performance of the District Special Branch has been noticed and hence to carry out the functioning of the Special Branch effectively, certain transfers were found desirable. The petitioner's transfer comes within the above category. 3. In the nature of the contention taken by the respondent, it will not be proper for this Court to interfere with the transfer of the petitioner. The petitioner has no legal right to demand that he shall be posted in a particular place. It is for the District Superintendent of Police, primarily, to assess the effectiveness of the work turned out by W.P.(C)No.31711/2006 2 each officer and to transfer the subordinates from one place to another in public interest. When such transfers are made by the officer competent to do so, this court will not interfere with such exercise of powers, merely on the ground that the transfer will cause inconvenience to the subordinate officer. 4. This writ petition is dismissed. It is, however, made clear that it will be open to the third respondent to post the petitioner to any other place which may lessen the hardship complained of by him. K.K.DENESAN, JUDGE css/ W.P.(C)No.31711/2006 3