IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 15785 of 2009(P) -------------------------- PETITIONER(S): --------------- P.A.PAILY, AGED 55 YEARS, S/O.AGUSTINE, INSPECTOR (RTD.), PULLAMPRA PUTHEN PURAYIL HOUSE, MONIPPALLI.P.O., KOTTAYAM DISTRICT. BY ADV. SRI.P.K.IBRAHIM RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE DIRECTOR (VIGILANCE), K.S.R.T.C., TRANSPORT BHAVAN, THIRUVANANTHAPURAM. BY ADV.SRI.JOHNSON P.JOHN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15785 OF 2009 ------------------------------------------- Dated this the 10th day of June, 2009 JUDGMENT While working at Kumily, the petitioner was issued a show cause notice on account of certain attributes made against him touching his official duties. The petitioner has filed Ext.P6 appeal against the disciplinary proceedings. That is pending before the Managing Director. On the very same set of allegations, the petitioner was transferred from Kumily to Neyyatinkara. Transfer is not one of the punishments, either minor or major, prescribed in the service rules. Not only that, the petitioner had hardly two weeks to retire when he was transferred off to Neyyatinkara from Kumily. The transfer order Ext.P2 itself says that it is a measure of discipline. Normally, transfer cannot be imposed as a punishment, though, in the wisdom of the administration, it may be available to keep a person away from the situs of an enquiry so that he may not influence the witnesses or interfere with the enquiry proceedings or tamper with evidence. Beyond that, there is WPC.15785/09 Page numbers really no scope to transfer off a person, that too, from Kumily to a distant place like Neyyatinkara, in the fag end of his career. There are other known modes to keep a person out of certain pending enquiry. Nothing of that sort having been done, there is really no reason to sustain a transfer from Kumily to Neyyattinkara. However, since the petitioner's appeal is pending before the Managing Director of KSRTC as against Ext.P5 disciplinary proceedings, if the petitioner files a further representation on the question of his transfer, that would also be sympathetically considered by the Managing Director in the light of what is stated above, so that the petitioner could submit his papers for retiral benefits from Kumily rather than compel him to go to Neyyattinkara for such purpose. This writ petition is ordered accordingly. There is no reason to assume that the Managing Director will not expeditiously consider the aforesaid matter. This Court is sure that, that will be done in this case also. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.11/6.