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C.K. SURESH BABU versus STATE OF KERALA

High Court of Kerala

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C.K. SURESH BABU v. STATE OF KERALA - WP(C) No. 25646 of 2007(C) [2007] RD-KL 16389 (23 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 25646 of 2007(C)

1. C.K. SURESH BABU,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. SHRI K.MURALEEDHARAN,

For Petitioner :SRI.KRB.KAIMAL (SR.)

For Respondent : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

Dated :23/08/2007

O R D E R

ANTONY DOMINIC, J.

= = = = = = = = = = = = = = = = W.P.(C) No. 25646 OF 2007 C = = = = = = = = = = = = = = = =

Dated this the 23rd August, 2007



J U D G M E N T

Petitioner is an Asst. Executive Engineer in the national Highway Sub Division, Devikulam. He has been working there from 1-9-2005. By Ext. P1 order he has been transferred and posted at Mananthavadi and the 2nd respondent is posted in his place.

2. The contention of the petitioner that he has less only than 2 years of remaining service and that the transfer now ordered is against the guidelines providing minimum tenure of 3 years. He also claims protection available to the persons belonging to reserved categories. It is contended that there there are vacancies in Ernakulam District and if at all he was to be transferred, the 1st respondent could have accommodated him in Ernakulam, his home district.

3. It is settled law that in matters of transfer, this Court can interfere only in cases where malafides are made out or statutory provisions are violated. In this case, none of these grounds are made out. W.P.(C) No. 25646 OF 2007 2 Violation of guidelines, even if there is substance in the contention, can only be urged before the authorities and cannot be a foundation for proceedings under Article 226 of the Constitution of India. The petitioner has only produced Ext. P2, a news report which according to him, discloses the reason for his transfer. This Court cannot act upon news paper reports alone and in any case in the absence of materials I do not see any substance in the contentions of the petitioner. The writ petition lacks merits and is dismissed. ANTONY DOMINIC

JUDGE

jan/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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