IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 17769 of 2010(U) -------------------------- PETITIONER: --------------- P.V.JAYANATHAN, MANAGER, OFFICE OF THE ENQUIRY COMMISSIONER & SPECIAL JUDGE, THRISSUR, RESIDING AT 'MANJARI', PALLIKUNNU P.O., KANNUR. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENTS:: --------------- 1. ENQUIRY COMMISSIONER & SPECIAL JUDGE, THIRUVANANTHAPURAM. (CO-ORDINATOR OF THE UNIT SYSTEM). 2. THE SECRETARY TO THE GOVERNMENT, VIGILANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. ENQUIRY COMMISSIONER & SPECIAL JUDGE, THRISSUR. 4. V.K.THANKAPPAN, MANAGER, OFFICE OF THE VIGILANCE TRIBUNAL, KOZHIKODE. BY GOVT. PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010 ALONG WITH WPC NO. 18005 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.17769 (U) & 18005 (A) of 2010 --------------------------------- Dated, this the 14th day of June, 2010 J U D G M E N T Challenge in these writ petitions is against Ext.P2 order dated 05/06/2010 issued by the Enquiry Commissioner and Sub Judge (Co-ordinator of the Unit System), Thiruvananthapuram, transferring and posting the petitioners, who are working in the post of Manager. Contention raised is that the appointing authority is the Government and therefore, the Enquiry Commissioner and Special Judge, being only the Head of the Department, has no power to order transfer and posting of the petitioners. 2. The learned Government Pleader has obtained instructions in the matter and reiterates that it is because that he is the appointing authority that the Enquiry Commissioner and Special Judge has issued the order. The petitioners have not produced any material to substantiate their plea that the Government is the appointing authority and that the Enquiry Commissioner and Special Judge is not. The post of WP(C) Nos.17769 & 18005/2010 -2- Manager, Office of the Enquiry Commissioner and Special Judge is included in Category 2A to the Kerala General Service. As per Rule 4, the appointing authority in respect of posts in category 2A shall be the Head of the Department concerned. Therefore, the contention of the petitioners that the Government is the appointing authority and therefore the Enquiry Commissioner and Special Judge is incompetent to issue the orders of transfer & posting is erroneous and is only to be rejected. These writ petitions fail and are accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg