IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 27157 of 2009(L) -------------------------- PETITIONER(S): --------------- UNNI MADHAVAN C.P.,S/O. LATE PADMANABHAN NAIR STATION MASTER, KERALA STATE ROAD TRANSPORT CORPORATION, THAMARASSERY UNIT, RESIDING AT CHERUPADIKKAL, P.O.PARAPPANPOYIL, VIA THAMARASSERY, KOZHIKODE DISTRICT -673573. BY ADV. SRI.P.SHRIHARI SMT.P.VANI RESPONDENT(S): --------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. 2. M.RAVINDRAN, STATION MASTER, KERALA STATE ROAD TRANSPORT CORPORATION, KALPETTA. BY ADV.JOHNSON P.JOHN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27157 OF 2009 ------------------------------------------- Dated this the 25th day of September, 2009 JUDGMENT Heard. The petitioner, Station Master of the Thamarassery Unit of the K.S.R.T.C., was also to discharge duties at Adivarom on a particular day. On the allegation that he did not reach that point in time, he has been transferred as per Ext.P1 order from Thamarassery to Kalpetta and the second respondent has been brought from Kalpetta to Thamarassery. Ext.P1 is punitive in character and excessive, it is contended. Even if I were to treat Ext.P1 as merely a prelude to impending disciplinary proceedings, it needs to be considered whether the nature of allegations requires the petitioner to be shunted off from the place of his posting. The quality and nature of allegations and the gravity of the accusation as also the probability of the delinquent interfering with matters attendant to impending disciplinary proceedings could be grounds for transferring out an employee even before disciplinary proceedings. It all WPC.27157/09 Page numbers depends upon the facts and circumstances of each case. While I do not find it necessary to say anything particularly on merits, I deem it appropriate that the Managing Director, K.S.R.T.C. gives the petitioner an opportunity of being heard before the impugned direction is enforced. Hence, this writ petition is ordered directing that any representation of the petitioner, if made within five days from now, will be considered by the Managing Director at the earliest. Until such decision is taken, status quo as on today as regards Ext.P1 will be maintained. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/9.