SURESH.L. Vs. CHAIRMAN & MANAGING DIRECTOR

JUDGEMENT

(1.) THE petitioner is challenging Ext. P2 order dated

(2.) 11.2012, whereby the posting given to the petitioner as Assistant Manager at Kottarakara has been modified; shifting him to be placed at Konni, which according to the petitioner is only to give undue favours to the 3rd respondent who is sought to be posted at Kottarakara after shifting the petitioner. 2. It was after considering the submissions made on behalf of the petitioner, that an interim order was passed by this Court on 06.11.2012 directing the concerned respondents to keep the post available at Kottarakara vacant for two weeks; simultaneously ordering 'urgent notice on admission' to the respondents 2 and 3, through special messenger and sought to get instructions from the 1st respondent through the learned Standing Counsel representing the said respondent.

(3.) THIS being the position the apprehension expressed by the petitioner that the shifting of the petitioner has been effected only to accommodate the 3rd respondent at Kottarakara does not have any bearing of significance. That apart, this Court also finds that nothing prevented the 1st respondent from transferring the petitioner and giving a posting at Konni itself, when Ext. P1 order was passed on 31.10.2012, which came to be varied as per Ext.P2 within 3 days thereafter, on reappraising the facts and position. This Court also finds that the petitioner has not established any malafides on the part of the 1st respondent, to intercept the transfer and as such, no interference is warranted.