IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 5643 of 2009(A) -------------------------------------- PETITIONER(S): ----------------------- U.PREMARAJAN, SECRETARY, EDAKKARA GRAMA PANCHAYATH, EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT. (UNDER ORDER OF TRANSFER) BY ADV. MR.P.SAMSUDIN RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. *ADDL.R3 IS IMPLEADED: R3. P.PUSHPAVALLY, THEKKEKALAYIL HOUSE, THEYYATHUMPADAM HOUSE P.O., EDAKKARA, MALAPPURAM DISTRICT. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 23/06/2009 IN I.A.NO.7390/2009) R1 & R2 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN ADDL.R3 BY ADV. MR.V.RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.5643 of 2009 -------------------------------------- Dated 23rd June, 2009 JUDGMENT Heard Sri.P.Samsudin, the learned counsel appearing for the petitioner, Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 and 2 and Sri.V. Rajendran, the learned counsel appearing for the additional third respondent. 2. The petitioner who was the Secretary of Edakkara Grama Panchayat has filed this writ petition challenging Ext.P4 order dated 9.2.2009 passed by the Director of Panchayats transferring him from Edakkara Grama Panchayat to Kuzhimanna Grama Panchayat, in Malappuram District. This writ petition was filed on 19.2.2009 and it came up for admission on 20.2.2009. On that day, the learned Government Pleader was directed to get instructions. It was also directed that in the meanwhile the petitioner shall not be relieved. Thereafter this writ petition was never brought up for hearing. It was brought up for hearing today at the instance of the additional third respondent who has filed I.A.No.7390 of 2009 seeking impleadment as additional third respondent in the writ petition. 3. The petitioner challenges his transfer to Kuzhimanna on the ground that the transfer is in violation of the guidelines and that he WP(C).No.5643/2009 2 has not completed even one year at Edakkara. It is also stated that the order of transfer is not in public interest and that the transfer to Kuzhimanna which is 80 Kms. away from his residence would cause serious inconvenience to him. 4. The learned Government Pleader appearing for respondents 1 and 2 and the learned counsel appearing for the additional third respondent submitted that the petitioner was transferred out on account of various complaints levelled against him. It is stated that a public hearing into the various complaints raised against the petitioner was conducted by the Deputy Director of Panchayats, Malappuram on 29.11.2008 and that the Panchayat Committee that met on 9.1.2009 resolved to request the Director of Panchayats to transfer the petitioner. It is stated that Ext.P4 order was thereupon issued on 9.2.2009 transferring the petitioner from Edakkara to Kuzhimanna, that the petitioner proceeded on leave after Ext.P4 order of transfer was passed without disclosing his whereabouts and thereupon the Secretary of the neighbouring Muthedom Grama Panchayat was given charge on 13.2.2009. It is stated that thereafter, Sri.K.J.Abraham was posted as Secretary of Edakkara Grama Panchayat by order dated 27.2.2009 passed by the Director of Panahcyats, that Sri.K.J.Abraham was transferred out to WP(C).No.5643/2009 3 Thachanattukara as per order dated 12.6.2009 passed by the Director of Panchayats and that the petitioner who was on leave has now sought permission to rejoin duty with a view to take advantage of the interim order passed by this Court on 20.2.2009 long after he had ceased to be the Secretary of the Panchayat. 5. The pleadings and materials disclose that the petitioner was transferred out of Edakkara in view of the various complaints against him which were enquired into by the Deputy Director of Panchayats on 29.11.2008. Ext.R3(a) notice issued by the Deputy Director of Panchayats convening the said meeting discloses that there were complaints that the petitioner had misbehaved with the members of the Panchayat and also the public. The petitioner has no case in the writ petition that he was transferred out since he did not accede to the unjust demands from the members of the Panchayat. The petitioner has challenged the order of transfer essentially on the ground that it is in violation of the guidelines and that the transfer to Kuzhimanna would cause serious inconvenience to him. In my opinion, since the petitioner has no case that the order of transfer is passed by an incompetent authority or that it is in violation of any statutory rule and also in the absence of any plea of mala fides, it would not be proper for this Court to sit in appeal over the order passed by the Director of WP(C).No.5643/2009 4 Panchayats transferring the petitioner from Edakkara to Kuzhimanna. 6. A learned Single Judge of this Court has in Balan v. District panchayat Officer, Malappuram (1975 K.L.T. 375) held that in a democratic set up due weight should be given to the requests of elected representatives of local bodies. In Ramachandran Nair v. Director of Training (ILR 1992(3) Ker. 149) a learned Single Judge of this Court has held that a transfer intended to ensure efficiency in administration and maintenance of discipline cannot be interfered with. In the instant case, the pleadings disclose that the petitioner was transferred out from Edakkara in view of the various complaints against him both from the public and the members of the Panchayat. The petitioner was transferred from Edakkara to maintain discipline and to ensure efficiency in administration. Such a transfer cannot in my opinion be said to be arbitrary or illegal. Further, the pleadings disclose that the petitioner was relieved even before this writ petition was filed and that this writ petition was filed more than a week after the petitioner proceeded on leave and the Secretary of another Panchayat was given charge. In such circumstances, I am of the opinion that the challenge to Ext.P4 is without any merit. The writ petition fails and is accordingly dismissed. WP(C).No.5643/2009 5 7. The learned counsel appearing for the petitioner submits that since the petitioner did not join duty at Kuzhimanna, the vacancy in that Panchayat was filled up at the time of general transfer. He submits that since the petitioner is prepared to rejoin duty, the Director of Panchayats may be directed to pass orders giving a convenient posting to him in a Panchayat other than Edakkara. In my opinion, this is a matter for the Director of Panchayats to decide. I accordingly direct that notwithstanding the dismissal of this writ petition, in the event of the petitioner filing an appropriate representation before the Director of Panchayats seeking a posting in a station other than Edakkara, the Director of Panchayats shall consider the same and take a decision thereon within two weeks from the date on which such a representation is filed before him. P.N.RAVINDRAN Judge TKS