APPUKUTTAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was acting as an upper division clerk in the Kerala Secretariat from 1 January 1957. He has been confirmed in the lower division by Ex. P. 12 In 1956. The petitioner was charged by Ex. P. 1 with violating Rule 64 of the Travancore-Cochin Government Servants' Conduct Rules, 1950. Though the petitioner filed an explanation, an enquiry was ordered which was conducted by the tribunal for disciplinary proceedings. It appears that the tribunal reported that the charges levelled against the petitioner have not been established. So Ex. P. 3 order was passed in which it is said: Government accept the finding of the enquiry commissioner that the charge has not been proved, and have accordingly decided to drop further proceedings.

(2.) HOWEVER the Government proceeded to direct: From the observations made by the enquiry commissioner the Government consider that It ia desirable to transfer him outside the Secretariat. He is accordingly transferred permanently to the Department of the Examiner of Local Fund Accounts, who is requested to give him a posting outside Trivandrum district.

(3.) THIS order was passed on 1 June 1960. It is this order that has been impugned is this writ application. It has been impugned on three grounds: