SHANAVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) CHALLENGE is against Ext. P2 order transferring the petitioner from Kollam to Thiruvananthapuram. The Head of Department, Drugs Controller issued Ext. P1 order of transfer. Therein, the petitioner was not included. Later, the Administrative Assistant attached to the office of the Drugs Controller issued Ext. P2 proceedings transferring the petitioner from Kollam to Thiruvananthapuram and accommodated the 5th respondent from Thiruvananthapuram to Kollam. Ext. P2 is under challenge on the ground that the Administrative Assistant who issued Ext. P2 order does not have power to transfer an incumbent like the petitioner. As per R. 32 (b) of the General Rules in KS & SSR, "all transfers and postings shall be made by the appointing authority. " The appointing authority of Upper Division Clerk is not the administrative Assistant. That is why Ext. P1 transfer order has been issued by the Drugs Controller earlier. When Drugs Controller is thus the appointing authority, the Administrative Assistant is incompetent to effect a transfer like Ext. P2. It is violative of the said rule. Ext. P2 is therefore quashed. Original Petition is allowed as above. . .