K.D.PRATHAPAN Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The petitioner is an Assistant Professor in the Agricultural Entomology discipline in the 1 st respondent University. To conduct a viva voce examination at the University of Agricultural Sciences, Bangalore, the petitioner had boarded a train. He travelled with the 3rd respondent, his colleague. As he called the 3rd respondent by her name, she got irritated. To the shock of the petitioner, the 2nd respondent issued a show cause notice alleging that the petitioner had misbehaved with the 3rd respondent. Although the petitioner had submitted his explanation, the 2 nd respondent issued a second show cause notice reiterating the very same charges. The petitioner was placed under suspension pending enquiry. It is reliably learnt that the petitioner has been exonerated of the alleged charges by the Inquiry Officer. Accordingly, the petitioner had submitted Ext.P1 request seeking revocation of the suspension order. He has also sought for retaining him at the office of the 1st respondent at Vellayani, due to the medical ailments of his mother. It is his further case that he has contracted an intercaste marriage and he has exemption from transfer, in view of Ext.P6 guidelines. Even though the 2 nd respondent has issued Ext.P7 order reinstating the petitioner in service, he has been posted at Agronomic Research Station, Chalakudy. The petitioner immediately preferred Ext.P8 representation/objection before the 2nd respondent, who has passed Ext.P9 non- speaking order affirming Ext.P7 order. Hence, the petitioner seeks to quash Exts.P7 and P9 to the extent of posting the petitioner at the Agronomic Research Station, Chalakudy.

(2.) The learned Standing Counsel appearing for the 1st respondent has filed a statement. It is, inter alia, contended that the disciplinary proceeding is pending consideration before the Disciplinary Authority. The transfer of the petitioner from Vellayani to Chalakudy is an incident of service. Ext.P9 communication clearly specifies the reason for transferring and posting the petitioner at Chalakudy where the service of an Entomologist is required. There are already 14 teachers in the cadre of Professor/Associate Professor/Assistant Professor in the Agricultural Entomology at Vellayani. The petitioner's expertise is required at Chalakudy. The petitioner has been working in Vellayani since 2002 onwards. The petitioner has not preferred any option showing his preferred stations of posting. Therefore, there is no illegality or arbitrariness in Exts.P7 and P9. Hence, the writ petition be dismissed.

(3.) Heard Sri.P.V.Jayachandran, the learned counsel appearing for the petitioner and Smt.Surya Binoy, the learned Standing Counsel appearing for respondents 1 and 2. In view of the relief that I propose to pass, I have dispensed with notice to the 3rd respondent.