IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 37116 of 2009(H) -------------------------- PETITIONER(S): ------------------ E.K.REJIMON, ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE, ARYANAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL RESPONDENT(S): -------------------- THE ADDITIONAL EXCISE COMMISSIONER (ADMINISTRATION), COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. SR.GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 37116 OF 2009 (H) ===================== Dated this the 23rd day of December, 2009 J U D G M E N T The petitioner is aggrieved by Ext.P2, the order transferring the petitioner from Excise Range Office, Aryanad to Excise Range Office, Kasargod. 2. Ext.P1 is the order dated 17.8.2009 promoting the petitioner as Assistant Excise Inspector. It was by this order that the petitioner was posted at Aryanad. According to the petitioner, immediately thereafter Ext.P2 order was issued on 15/12/2009 transferring him to Kasargod. 3. The contention raised by the petitioner is that transfer has been ordered referring to UO Note No.XE5-14429/09 dated 21/11/09, a copy of which is produced as Ext.P6 along with IA NO.16319/09. It is stated that the said UO Note was issued based on Ext.P5 enquiry report, recommending that in view of a previous misconduct committed by the petitioner, he may be posted only to a non-sensitive post. Petitioner contends that in respect of the aforesaid misconduct, he has already suffered a punishment by Ext.P3 and therefore the said misconduct shall not WPC 37116/09 :2 : be used to his detriment again and again. 4. However, the recommendation in the enquiry report and the UO Note is only to post the petitioner in a non-sensitive post and such a recommendation or its implementation cannot be said to be punitive in nature. Therefore, the contention that since the petitioner has already suffered a punishment by Ext.P3, Ext.P2 posting him to a non-sensitive post is unsustainable cannot be accepted. 5. Be that as it may, having regard to the grievance of he petitioner that all that he needs is a posting in Trivandrum Division or in any neighbouring Divisions, I direct that the petitioner may make an appropriate application to the respondent. It is directed that if such an application is made by the petitioner within 10 days from today, the same shall be considered and orders thereon shall be passed duly adverting to his claim, as expeditiously as possible, at any rate within 4 weeks of its receipt. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp