DINAMONY Vs. DT SUPDT OF POLICE KOLLAM

JUDGEMENT

(1.) A clerk in the office of the Police Department of a district, is transferred on the ground that he recommends cases of anti social elements, tampers with witnesses and the record. Is this a transfer on administrative grounds This is the question raised in the petition under Art.226 of the Constitution of India.

(2.) The petitioner, a Lower Division Clerk working in the District Police Office, Kollam, was, between 6-11-1989 to 4-3-1991 working as Record Keeper in the office. By order No.M2-82284/93 dated 11-10-1993 made by the Director General of Police the petitioner was transferred from the District Police Office, Kollam, to M.S.P. Malappuram, against the vacancy of Ismail Pazheri, L.D. Clerk. The transfer has been described as "on disciplinary grounds". The petitioner impugns this order.

(3.) A preliminary enquiry into the accusations of falsification of records and misappropriation of Government money of Rs.13,500/- was made. The petitioner is alleged to have fabricated documents and misappropriated the amount. The petitioner was suspended on 4-3-1991, but was reinstated on 14-8-1991. A criminal case No.498/ 1991 under S.477(A) and 408 of the Indian Penal Code in respect of this amount is pending trial before the Chief Judicial Magistrate, Kollam. Another Criminal Case, C.C.No.757/1991 for offences punishable under S.452, 383 read with S.34 of the Indian Penal Code is also pending against the petitioner. The petitioner was also an accused in Crime Case No.527of 1991 under S.448, 341, 323 and 427 read with S.34 of the Indian Penal Code. This case resulted in a compromise.