MOHANAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a Surgeon in the Health Services department of the State Government. He impugns the validity of the order dated 13-8-1993 (Ext. P3) transferring him to a place not disclosed in the order and the order (Ext. P4) of the same date transferring and posting him to Primary health Centre (P. H. C.) Vechuchira, Pathanamthitta District.

(2.) THE facts out of which the petition arises are these. THE petitioner requested a transfer to a place near to his native place in Pathanamthitta District. By order No. EAI-51290/93 DHS dated 31-5-1993 he was transferred to the General Hospital , Pathanamthitta. He secured a house after paying advance rent. His child has been admitted in a school. He has settled down at Pathanamthitta.

(3.) LEARNED Government Pleader produced the entire file relating to the transfer of the petitioner. I read the file. There is a note written by the Director of Health Services. The Director records that the minister told him that he had received complaints against the petitioner. The note proceeds to state that the Minister directed the Director of Health services to transfer the petitioner "on administrative grounds", preferably to a smaller institution. There is, therefore, conclusive evidence in Government's file which shows that the transfer was directed by the minister. The note docs not record that the Director had proposed the petitioner's transfer from the General Hospital, Pathanamthitta.