IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 12214 of 2010(B) ------------------------------------ PETITIONER(S): ---------------------- P.RAJAN, HEAD ACCOUNTANT, NILAMBUR SOUTH DIVISION, NILAMBUR. BY ADV. SRI.V.RAJENDRAN SMT.K.S.SABITHA RESPONDENT(S): ------------------------ 1. CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), FOREST HEADQUARTERS, THIRUVANANTHAPURAM. 2. SENIOR ADMINISTRATIVE OFFICER, FOREST HEADQUARTERS, THIRUVANANTHAPURAM. 3. DIVISIONAL FOREST OFFICER, NILAMBUR SOUTH DIVISION, NILAMBUR. 4. K.JAMEELA, UPPER DIVISION CLERK, NILAMBUR SOUTH DIVISION, NILAMBUR. SR.GOVERNMENT PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12214 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- A relevant extract of the dated 1.10.09 of the 1st respondent. Ext.P2 :- Copy of the order dated 26.10.09 of the 1st respondent. Ext.P3 :- Copy of the order dated 27.10.09 of the 3rd respondent. Ext.P4 :- Copy of the representation 22.12.09 of the petitioner. Ext.P5 :- Copy of the Govt. order dated 16.03.96. Ext.P6 :- Copy of the order dated 30.03.10 of the 2nd respondent. Respondent's Exhibits :- Ext.R1(a) :- Copy of the letter No.E1-5415/07 dated 30.10.2009. Ext.R1(b) :- Copy of order No.24/2009 dated 28.10.2009. Ext.R1(c) :- Copy of show cause notice No.E1-5415/2007 dated 22.2.2010. Ext.R1(d) :- Copy of explanation received from the petitioner on 22.2.2010. Ext.R1(e) :- Copy of joining report dated 5.4.2010 of the 4th respondent. //True Copy// P.A. To Judge ANTONY DOMINIC, J. ~~~~~~~~~~~~~~~ W.P.(C) No.12214 of 2010 ~~~~~~~~~~~~~~~~~~ Dated this the 28th day of July 2010 J U D G M E N T Petitioner was working as a U.D.Clerk in the Forest Department. By Ext.P1 he was promoted to the post of Head Accountant and was posted to Marayoor Division. That order was modified by Ext.P2 and he was posted to Nilambur. Accordingly the petitioner joined at Nilambur on 27.10.2009. While so, petitioner made Ext.P4 representation for transfer to Idukki to which he belongs. During the pendency of the representation, by Ext.P6 he was again transferred and posted to Kozhikode and the 4th respondent was ordered to be posted in his place. It was in these circumstances, this writ petition is filed. 2. A counter affidavit has been filed by the 1st respondent. In the counter affidavit it is disclosed that it was based on the report of the Superior Officers of the W.P.(C) No.12214 of 2010 -: 2 :- petitioner to have a more suitable person in office, that the petitioner was transferred and posted to Kozhikode by Ext.P6 order. 3. Evidently, therefore Ext.P6 was issued due to administrative exigencies. In these circumstances this Court cannot find fault with the said order. Therefore Ext.P6 cannot be interfered with. 4. Having regard to the pendency of the request of the petitioner for transfer to Idukki, it is directed that the 1st respondent shall consider Ext.P4 and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within 4 weeks from the date of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt