IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 37856 of 2009(B) -------------------------- PETITIONER(S): --------------- K.P.BABUKUTTAN, AGED 53 YEARS, S/O SRI. PARAMESWARN, JUNIOR SUPERINTENDENT, DISTRICT AGRICULTURAL FARM, CHUNGATHARA, MALAPPURAM DISTRICT, RESIDING AT BEENA BHAVAN, PADIKUNNU, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURAL OFFICER, MALAPPURAM. 4. SRI. E.ANAND KUMAR, JUNIOR SUPERINTENDENT, DISTRICT AGRICULTURAL FARM, PERINGAMMALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN -R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 37856 OF 2009 -------------------------------------------- Dated this the 27th day of January, 2010 JUDGMENT The petitioner is working as Junior Superintendent under the third respondent. This Writ Petition is filed challenging Ext.P2 order of transfer, whereby he was transferred, along with five others, from the District Agricultural Farm, Chungathara to the Principal Agricultural Office, Kasaragod. Ext.P2 is attacked mainly on the ground that it was issued only for the purpose of accommodating the 4th respondent. 2. A perusal of Ext.P2 would reveal that the case of the 4th respondent was considered for a posting in the vacancy that arose on account of the transfer of the petitioner effected pursuant to the first paper mentioned in Ext.P2. No mala fides can be attributed to such an action. Ext.P2 would further show that along with the petitioner, five others were also transferred from their present stations. According to the petitioner himself, the transfer was effected on account of certain alleged irregularities, rather illegalities, involved in the matter of W.P.(C)NO. 37856/2009 2 recruitment of labourers, conducted from 22.7.2008 to 30.7.2008. In view of the alleged illegality involved in the selection process, a vigilance enquiry is going on. Later, in view of the allegation of malpractices involved in the said selection, the second respondent cancelled the selection list. Pending the said enquiry, the competent authority thought it fit to transfer the petitioner and the others, who were allegedly involved in the said issue. In the circumstances, I find no illegality or irregularity in Ext.P2 order, warranting interference by this Court. The petitioner has failed to establish the facts upon which he founded the allegations mala fide. Accordingly, the Writ Petition is dismissed. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C)NO. 37856/2009 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 37856/2009 JUDGMENT 27th January, 2010