IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 3759 of 2011(T) -------------------------------------- PETITIONER(S): ------------------------ K.M.MOHANAN, DRIVER, OFFICE OF THE DISTRICT SUPPLY OFFICER, ERNAKULAM. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF CIVIL SUPPLIES, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM-695 001. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND ANIMAL HUSBANDRY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 & R2 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.3759 OF 2011 --------------------------------------- Dated this the 21st day of February, 2011 JUDGMENT The petitioner is working as a driver in the office of the District Supply Office, Ernakulam. He has now been transferred to Kozhikode, which is on the basis of an alleged complaint from ration dealers. The petitioner, therefore, seeks the following reliefs: “A) A writ of certiorari or any other appropriate writ or order quashing and setting aside Exhibit P-3. B) Issue a writ of mandamus, or any other appropriate writ or order or direction directing the respondents to transfer and post the petitioner in the Office of the District Supply Officer, Thrissur or the Taluk Supply Officer, Mukundapuram” On 4.2.2011, I passed the following interim order: “Govt. Pleader submits that it is on the basis of a complaint from the ration merchants that the petitioner has been transferred. He has also made available to the court a copy of that complaint. But, I do not think that merely because somebody files a complaint straight away a person can be transferred without finding a prima facie case against the person on the allegations. Govt. Pleader seeks time to get instructions as to whether such an enquiry has been conducted and any materials have been collected in respect thereof. Post after two weeks. In the meantime, further proceedings pursuant to Ext.P3 is stayed. Needless to say, if no enquiry has been so W.P.(C)No.3759/11 2 made, the government shall conduct an enquiry and report to this Court the findings thereof”. Today, the learned Government Pleader submits that the petitioner has been re-posted to Ernakulam. This is recorded and the writ petition is closed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.3759/11 3