(1.) THE petitioner, who is working as 'Thali' (Sweeper) in the service of the 1st respondent Board, is challenging Ext.P4 order of transfer issued by the 2nd respondent. She was working as 'Thali' at Aryashala Devaswom in Thiruvananthapuram Group. By virtue of Exhibit P4 she was ordered to be transferred to Ettumanoor Group. The transfer is impugned as highly unreasonable, arbitrary and incorrect.
(2.) IT is mainly contended that the impugned order is issued as a punitive action. But it was issued without any notice and without affording any opportunity to the petitioner to deny the allegations levelled against her. Serious imputations are made against the petitioner in Ext.P4, including allegation of immorality based on some complaints received, even without conducting any enquiry and without initiating any disciplinary action with opportunity afforded to the petitioner. The alleged enquiry conducted by the Vigilance Officer was without following any principles of natural justice. Since the allegations raised in Ext.P4 are of serious nature the respondents ought to have conducted proper enquiry. It was also alleged that Ext.P4 order is issued as a result of personal vengeance of some interested persons in the 1st respondent Board. According to the petitioner, the transfer from Thiruvananthapuram Group to Ettumanoor Group will cause serious hardships and inconvenience and the 2nd respondent had failed in considering transferring the petitioner to any of the Devaswom within the same Group.
(3.) ON behalf of the respondents a statement as well as a counter affidavit is filed. It is contended that the Board had received several complaints from devotees of the Aryashala Devaswom against misbehaviour by the 'Melsanti' as well as by some other employees. It was also alleged that some immoral activities are happening during night hours inside the temple premises with connivance and participation of the employees. Accordingly the 4th respondent was directed to conduct a detailed enquiry. The report of enquiry revealed illicit relationship of female employee and a member of the Temple Advisory Committee. It was also pointed out that series of criminal complaints were submitted before the Police Station concerned between the petitioner and a lady named 'Kanakasubha' on an issue related to alleged illicit relationship of the petitioner with one Sri. Subash, a member of the Temple Advisory Committee. It is mentioned that on the basis of the enquiry report the Sub Group Officer was transferred to outside Thiruvananthapuram District and the 'Melsanthi' was also transferred to another Group of Devaswom. Further, decision was taken to reduce one post of 'Thali' at Aryashala Devaswom and action was taken to transfer the Watchman working in the said temple. So also Sri. Subash was removed from the Temple Advisory Committee on the basis of the said report. According to respondents it is as part of the actions taken on the basis of the enquiry report submitted by the 4th respondent that the impugned order of transfer was issued. The allegation that the transfer was ordered by way of punishment is denied. It is contended that the transfer was ordered under administrative exigency, considering the situation prevailing as mentioned above.