IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 32713 of 2008(T) --------------------------------------- PETITIONER: ------------------- LATHEEF.M.V, AGRICULTURAL ASSISTANT, KRISHI BHAVAN, KANIAMPETTA, WAYANAD DISTRICT. BY ADV. SRI.M.SASINDRAN, ADV. SRI.TOJAN J. VATHIKULAM. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 2. THE PRINCIPAL AGRICULTURAL OFFICER, WAYANAD. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------- W.P.(C.) No.32713 of 2008 --------------------------------- Dated, this the 11th day of November, 2008 J U D G M E N T The petitioner, an Agricultural Assistant in Wayanad District challenges Ext.P2 order dated 16/10/2008 issued by the Director of Agriculture, transferring him and 11 others to various stations in Kozhikkode and Malapuram districts. By Ext.P2, the petitioner stands transferred from Krishi Bhavan, Kaniampetta, to Principal Agricultural Office, Kozhikkode. The petitioner contends that Ext.P2 transfer order was not issued in the exigencies of service or for administrative purposes and that no grounds exist to transfer him to Kozhikkode. 2. The learned Government Pleader appearing for the respondents, on instructions submits that an enquiry, regarding the irregularities in the transportation of planting materials to various Krishi Bhavans in Wayanad district during the year 2004, was conducted by the Deputy WP(C) No.32713/2008 -2- Superintendent of Police, Vigilance and Anti Corruption Bureau, Wayanad Unit. He submits that, after the vigilance enquiry, the Director, Vigilance and Anti Corruption Bureau had recommended registration of a vigilance case against the employees concerned including the petitioner, except one officer against whom departmental action alone was recommended. It is also submitted that based on the report of the Vigilance and Anti Corruption Bureau, the Government have by letter dated 21/08/2008 directed the Director of Agriculture, Thiruvananthapuram to transfer out the officers against whom vigilance case has been registered. 3. In the writ petition, the petitioner submits that he is not involved in any disciplinary action and that no grounds exist to transfer him out of Wayanad district. In the light of the facts brought to my notice by the learned Government Pleader, it cannot be said that the order transferring the petitioner to Kozhikkode is in any way illegal. The petitioner WP(C) No.32713/2008 -3- and 11 others were transferred out of Wayanad district in the light of the findings in the vigilance enquiry. The Government, going by the recommendations of the Vigilance and Anti Corruption Bureau, took a decision to transfer all suspect officers out of Wayanad district. The decision taken by the Government is one intended to ensure efficiency in administration and it cannot, therefore, be characterized as illegal or arbitrary. The writ petition fails and is accordingly dismissed. (P.N.RAVINDRAN, JUDGE) jg