IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 35019 of 2010(B) -------------------------- PETITIONER(S): --------------- 1. SRI.T.B.RAJU, STATISTICAL INVESTIGATOR GRADE - I DEPARTMENT OF ECONOMICS AND STATISTICS, TALUK STATISTICAL OFFICE, THIRUVANANTHAPURAM. 2. SRI.S.ABDHUL RASHEED, STATISTICAL INVESTIGATOR GRADE - I DEPARTMENT OF ECONOMICS AND STATISTICS, TALUK STATISTICAL OFFICE, KOTTAYAM. 3. SRI.P.K.KURIAKOSE, STATISTICAL INVESTIGATOR GRADE - I DEPARTMENT OF ECONOMICS AND STATISTICS, TALUK STATISTICAL OFFICE, KASARAGOD. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE SENIOR ADMINISTRATIVE OFFICER, ECONOMICS AND STATISTICS, THIRUVANANTHAPURAM 2. THE DIRECTOR OF ECONOMICS AND STATISTICS THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF ECONOMICS AND STATISTICS, THODUPUZHA. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.35019 of 2010 ================== Dated this the 2nd day of December, 2010 J U D G M E N T The petitioners are Statistical Inspectors Grade I working at Kattappana in the Department of Economics and Statistics of the Government of Kerala. They are aggrieved by their transfer to Thodupuzha by Ext.P1 order. According to the petitioners, the transfer has been made as a punishment without affording the petitioners an opportunity to prove their innocence. The petitioners, therefore, seek the following reliefs: “i. to call for the records leading to Ext.P1 and P6 and quash Ext.P6 order issued by the 2nd respondent by a issuing writ of certiorari. ii. Issue a writ of mandamus or other appropriate writ, order or direction to the 1st and 2nd respondent to reconsider Ext.P3 to P5 request submitted by the petitioners and provide a posting in Idukki District itself. iii. declare that the transfer cannot be made as a punishment thereby the transfer order issued to the petitioners to distant places on the basis of disciplinary proceedings is illegal.” 2. The learned Government Pleader points out that disciplinary proceedings have been initiated against the petitioners and the transfer is a part of such disciplinary proceedings. Therefore, there is nothing illegal in their transfer. 3. I have considered the rival contentions of the parties. 4. Evidently in view of the disciplinary proceedings, the respondents could have very well put the petitioners under suspension. w.p.c.35019/10 2 Instead, as part of the disciplinary proceedings they have only transferred the petitioners from Kattappana to Thodupuzha. That can only be in the exigencies of service. As such, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge