IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WA.NO. 2290 OF 2008() ----------------------------------- AGAINST THE JUDGEMENT IN WPC.31115/2008 DATED 11/11/2008 .................... APPELLANT(S) PETITIONER: ---------------------------------- D.PRASAD, S/O. LATE P.K. DAMODARAN, AGED 28 YEARS, ASSISTANT,KSBC LTD., PATHANAMTHITTA. BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S) - RESPONDENTS: --------------------------------------------- 1. KERALA STATE BEVERAGES CORPORATION LTD., P.B. NO. 2263, SASTHAKRIPA OFICE COMPLEX, SASTHAMANGALAM THIRUVANANTHAPURA, REP. BY ITS MANAGING DIRECTOR. 2. THEMANAGER, KERALA STATE BEVERABGES CORPORATION LTD., FL9, WAREHOUSE, PATHANAMTHITTA. ADV. SRI.P.J.ELVIN PETER,SC,BEVERAGES CORPN. FOR R1 & R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = W.A. No. 2290 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of November, 2008 J U D G M E N T ---------------------- Koshy, J. Appellant-petitioner on deputation from Secretariat was working at Pathanamthitta in the department of the first respondent, Beverages Corporation. He was transferred by Exhibit P3 order from Pathanamthitta to Thamarassery. It is his case that he came on deputation from the Secretariat to Pathanamthitta because of family problems. His transfer to Thamarassery is causing irreparable problems. It is also submitted that in Exhibit P3 order it is stated that an enquiry was conducted and it was revealed that the irresponsible and unhealthy attitude of the appellant had created uneasiness in the warehouse. According to the appellant, such an order will be a stigma on him. He further submitted that his transfer is illegal and violative of the principles of natural justice. Learned Single Judge found that the transfer was made for administrative efficacy and not as a punitive action. He is a transferable employee. Even though some reasons were stated in Exhibit P3, the Supreme Court in Govt. of Andhra Pradesh v. G.Venkataratnam (2008) 9 SCC 345) held that W.A. No.2290 of 2008 -: 2 :- transfer order can be interfered with by the High Court only when there is patent illegality or violation of conditions of service or mala fides. Here the transfer was made only for administrative reasons. But we make it clear that the allegations against the appellant mentioned in Exhibit P3 order cannot be urged against him as those allegations were entered without hearing the appellant. The allegations made in Exhibit P3 order against the appellant are expunged. But we find no reason to interfere with the order of transfer. With the above observations, appeal is dismissed. J.B. KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv