IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 6892 of 2007(U) --------------------------------------- PETITIONER: --------------------- P.G.USHADEVI, SENIOR ASSISTANT MANAGER, STATE WAREHOUSE, NORTH PARAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR SRI.P.GOPINATH RESPONDENTS: ------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE WAREHOUSING CORPORATION, ERNAKULAM. 2. SRI.CHANDRAKANTH, PERSONAL ASSISTANT TO THE MANAGING DIRECTOR, KERALA STATE WAREHOUSING CORPORATION, ERNAKULAM. 3. THE KERALA STATE WAREHOUSING CORPORATION, ERNAKULAM REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. - R1& 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6892/2007 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER NO.KSWC/ADMN/T&P/2006-2007. EXT.P2: COPY OF PETITION DTD. 17/10/04 BY THE PETITIONER. EXT.P3: COPY OF JOINING REPORT DTD. 1/10/2007 BY THE PETITIONER. EXT.P4: COPY OF REPRESENTATION DTD. 1/10/2007 BY THE PETITIONER. EXT.P5: COPY OF REPRESENTATION DTD. 3/10/07 BY THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE ENQUIRY REPORT SUBMITTED BY ADV.D.SREEKUMAR. EXT.R1(B): COPY OF THE LETTER NO.KSWC/RO-EKM/F&E/2006-07/621 DTD. 9/10/2006 OF THE REGIONAL MANAGER, KSWC. EXT.R1(C): COPY OF THE LETTER NO.KSWC/RO-EKM/INSP/06-07/623 DTD. 12/10/2006 OF THE REGIONAL MANAGER, KSWC. /TRUE COPY/ P.S.TO JUDGE Kss V. GIRI, J. ------------------------------- WP(C).NO. 6892 of 2007 --------------------------------- Dated this the 23rd day of June, 2008 JUDGMENT The challenge in this writ petition is against the order of transfer Ext.P1, by which the petitioner, while functioning as the senior Assistant Manager of the Kerala State Warehousing Corporation, North Paravoor was transferred to Thodupuzha. Ext.P1 shows that apparently the transfer was on account of allegations of financial irregularities and mal practices against the petitioner. I do not propose to consider the contentions as regards the transfer on merits essentially because of the submission made by Sri.Majnu Komath that subsequently disciplinary enquiry has been initiated against the petitioner on the same allegations and she is under suspension. 2. Taking note of the allegations of biased enquiry and in the interests of justice, this court directed the Corporation to appoint an enquiry officer and the said enquiry officer has commenced proceedings as well. On completion of the enquiry, suitable orders will be passed by the disciplinary authority. WPC.6892 /2007 2 Obviously if the petitioner is exonerated from the charges referred to in Ext.P1 and therefore the Corporation is required to reinstate her service, then the mere fact that by Ext.P1, she was transferred from North Paravoor to Thodupuzha should not stand in the way of the management, posting her in a suitable place. Subject to this, the writ petition is closed. V. GIRI, JUDGE. pmn/ WPC.6892 /2007 3