IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 16661 of 2011(G) -------------------------- PETITIONER(S): ----------------------- VASUDEVADAS , AGED 51 YEARS, S/O.KRISHNAN,KANDAMPULLY HOUSE THIRUVATHRA, CHAVAKKAD.THRISSUR DISTRICT PRESENTLY WORKING AS PHYSICAL EDUCATION TEACHER GOVERNMENT HIGHER SECONDARY SCHOOL, CHAVAKKAD THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): ----------------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 695 001. 2. DEPUTY DIRECTOR EDUCATION, THRISSUR 6800O1 3. DISTRICT EDUCATION OFFICER, THRISSUR 680 001. 4. BEENA V.S, PRINCIPAL, CHAVAKKAD GOVERNMENT HIGHER SECONDARY SCHOOL, CHAVAKKAD THRISSUR DISTRICT 680 506. GOVERNMENT PLEADER MR.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 16661 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE PROCEEDINGS OF THE DISCIPLINARY COMMITTEE EXT.P2:- COPY OF THE COMPLAINT FILED BY THE SAID THAMBI MATHEW DATED 27.9.2010 EXT.P3:- COPY OF THE COMPLAINT FILED BY THE 4TH RSPONDENT DATED 4.9.2010 EXT.P4:- COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT EXT.P5:- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT EXT.P6:- COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER EXT.P7:- COPY OF THE LETTER WRITTEN AND SIGNED BY THE TEACHERS IN THE CHAVAKKAD HIGHER SECONDARY SCHOOL BEFORE THE 2ND RESPONDENT EXT.P8:- COPY OF THE ORDER DATED 3.3.2011 EXT.P9:- COPY OF THE ORDER DATED 27.5.2011 EXT.P10:- COPY OF THE TRANSFER ORDER BEARING NO.A5/3773/2011 DATED 09.06.2011 RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16661 OF 2011 --------------------------------------- Dated this the 22nd day of June, 2011. J U D G M E N T This writ petition is filed by the petitioner challenging Ext.P10 order passed by the Deputy Director of Education transferring the petitioner to Government Vocational Higher Secondary School, Kadappuram from the present school at Chavakkad. 2. The allegation in the writ petition is that only in the light of the alleged report of enquiry, the transfer order has been issued. It is pointed out that the findings in Ext.P8 order cannot be justified. 3. The petitioner had earlier approached this Court by filing W.P.(C)No.13283/2011 which was disposed of by Ext.P9 judgment. The challenge therein was against Ext.P8 itself. This Court had made it clear that if the petitioner is visited with an order of transfer, it is upto him, if he is aggrieved, to challenge the same before the appropriate forum. W.P.(C) No.16661/2011 2 Therefore, the petitioner will have to file an appeal/revision petition against the transfer order as permitted by law before the appropriate forum. Leaving open the said remedy, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp