C. RAMACHANDRAN NAIR Vs. DIRECTOR OF TRAINING

JUDGEMENT

(1.) WHEN C.M. P. 21777/1991 came up for orders, I heard counsel appearing on either side in detail. I am disposing of the Original Petition.

(2.) PETITIONER was working as Senior Instructor in I.T.I., Chackai, Thiruvananthapuram. He misbehaved towards the Project Coordinator. As a consequence of that misconduct, he has been transferred from I.T.I., Chackai to I.T.I., Malampuzha. This order of transfer is under challenge.

(3.) IN Abdul Khader v. Regional Deputy Director of Public Instruction, Ernakulam (1967 KLT 354), this Court took the view that it is the inherent right of the Government to transfer its employees from one service" to another and merely because an employee has been transferred from one service to another, he cannot complain in a court about it. If the transfer was intended or motivated to operate as a punishment, the order cannot stand. In other words, the power of transfer cannot be invoked as a substitute for action under the Kerala Civil Services (Classification, Control and Appeal) Rules. When a person is found prima facie guilty of misconduct, he must be proceeded against as per the provisions contained in Classification, Control and Appeal Rules. He is not to be transferred and the order of transfer is not to be made as a substitute for punishment. In Ext. P4, the subject referred to is: -