IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 15425 of 2009(W) -------------------------------------- PETITIONER(S): ------------------------- 1. P.M.SASI, AGED 48, COMMERCIAL TAX INSPECTOR, COMMERCIALTAX CHECK POST BODIMETTU,IDUKKI DIST. 2. C.RAVENDRANATH,AGED 52, COMMERCIAL TAX INSPCTOR, COMMERCIALTAX CHECK POST BODIMETTY, IDUKKI DIST. BY ADV. MR.S.SACHITHANANDA PAI RESPONDENT(S): ------------------------ THE JOINT COMMISSIONER-1, COMMERCIAL TAXES, TRIVANDRUM. BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15425/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 21.11.07 OF THE RESPONDENT. P2:- COPY OF THE ORDER DTD. 7.8.08 OF THE RESPONDENT. P3:- COPY OF THE ORDER DTD. 6.12.03 OF THE RESPONDENT. P4:- COPY OF THE ORDER DTD. 21.5.09 OF THE RESPONDENT. P5:- COPY OF THE NEWS PAPER REPORT APPEARED IN MANGALAM DTD. 3.5.09. P6:- COPY OF THE NEWS PAPER REPORT IN MANGALAM DTD. 23.5.09. P7:- COPY OF THE NEWS PAPER REPORT IN DEEPIKA DTD. 1.6.09. TRUE COPY P.A. TO JUDGE tss V.GIRI, J ------------------- W.P.(C).15425/2009 -------------------- Dated this the 1st day of October, 2009 JUDGMENT Petitioners are Commercial Tax Inspectors and they are working in the Commercial tax check post, Bodimettu in Idukki district. On 22.4.2009 one Mr.K.K.Rajan, Commercial tax Inspector was on duty and was in charge of the Bodimettu commercial tax check post. It seems that a lorry containing spirit passed through the check post and the said lorry was subsequently seized by the Excise Department. But taking note of this, petitioners were transferred from Idukki district and directed to be posted in a non sensitive post in some other area. They were accordingly transferred to Kasargode. They challenged the said order of transfer inter alia on the ground that they were not on duty when the vehicle allegedly carrying spirit had passed through Bodimettu check post. 2. A detailed counter affidavit has been filed on behalf of the Government referring to a report by the Deputy Commissioner, Thiruvananthapuram, wherein petitioners are also suspected to have connived with the smugglers of illicit spirit. Reference is made to circumstantial evidence allegedly available in this regard. W.P.(C).15425/09 2 3. A reply affidavit has been filed by the petitioners. I heard learned counsel for the petitioners and learned Government Pleader. 4. It is now admitted that the 1st petitioner had been given a posting back in Idukki district and therefore, no issue survives in the writ petition as regards the 1st petitioner. Insofar as the 2nd petitioner is concerned, he is now in Kasargode. If considerations as regards the petitioners are common then, the Commissioner may consider the case of the 2nd petitioner also for a posting back in Idukki district. Accordingly, if the 2nd petitioner approaches the respondent herein within three weeks from the date of receipt of a copy of this judgment, respondent shall take a decision on the request of the 2nd petitioner for a posting in Idukki district within one month from the date of receipt of representation along with the copy of the judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs