1 W.P.(C) No. 9655 of 2025 2025:KER:28892 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 9655 OF 2025 PETITIONER: SUNIL KUMAR C. B., AGED 56 YEARS, S/O. BHASKARAN NAIR, THALODIL HOUSE, HILL PALACE, KOCHI PALACE P. O., TRIPUNITHURA (VIA), ERNAKULAM, KERALA, WORKING AS INVESTIGATOR, COIR BOARD, PIN – 682301. BY ADVS. PHILIP T. VARGHESE THOMAS T. VARGHESE ACHU SUBHA ABRAHAM V. T. LITHA K. R. MONISHA JIJO PAUL ANJALI SUNIL RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF MSME, GOVT. OF INDIA ROOM NO.169, UDYOG BHAVAN, R AFI MARG, NEW DELHI, PIN – 110011. 2 COIR BOARD, REPRESENTED BY ITS SECRETARY MINISTRY OF MSME, GOVT. OF INDIA COIR HOUSE, M.G ROAD, ERNAKULAM, KOCHI, PIN – 682016. 3 THE CHAIRMAN, COIR BOARD, COIR HOUSE, M.G ROAD, MINISTRY OF MSME, GOVT. OF INDIA ERNAKULAM, KOCHI, PIN – 682016. 2 W.P.(C) No. 9655 of 2025 2025:KER:28892 4 THE ADMINISTRATIVE OFFICER, COIR BOARD, COIR HOUSE, M.G. ROAD, MINISTRY OF MSME, GOVT. OF INDIA ERNAKULAM, KOCHI, PIN – 682016. BY ADV. DAYA SINDHU SREEHARI - CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No. 9655 of 2025 2025:KER:28892 D. K. SINGH, J. -------------------------- W.P.(C) No. 9655 of 2025 ------------------------- Dated this the 3rd day of April, 2025 JUDGMENT 1. The petitioner who holds the post of Investigator under the 2nd respondent Coir Board has approached this Court aggrieved by his transfer from the present place of posting at Kochin to Kolkata. 2. The learned Counsel for the petitioner submits that the petitioner is suffering from neurological disorder, and he has suffered two strokes in the past. His health condition is not such which would permit him to be uprooted from the present place of posting and serve at Kolkata. 3. The learned Counsel for the petitioner submits that the petitioner has already given representation in Exhibit P-16 which has not been considered, and the petitioner has been transferred against the transfer norms set out in the transfer policy of the 2nd respondent Board in Exhibit P-20. 4. The learned Central Government Counsel, however, submits that the transfer norms in Exhibit P-20 are to be applied as far as possible, and they are not the statute. The petitioner holds a 4 W.P.(C) No. 9655 of 2025 2025:KER:28892 transferable post. He does not have the right, statutory or otherwise to remain posted at a place of his choice. The transfer order is neither mala fide nor against the relevant service rules governing the services of the petitioner. It is further submitted that Kolkata has better medical facilities than Kochin and if the petitioner is suffering from some ailment, he will get proper treatment at Kolkata as well. 5. It is also submitted that after the petitioner was transferred from the present place of posting at Kochin to Kolkata, a new person has joined at the place of the petitioner who will retire on 31.05.2025 and the petitioner’s representation may be considered for his posting again in Kochin by the Competent Authority. However, at present, as the new person has already joined at the petitioner’s place, there is no scope for reconsideration of the petitioner's transfer from Kochin to Kolkata. 6. I have considered the submissions. It is not the case of the petitioner that his transfer is mala fide, or it is against the Service Rules governing the petitioner’s services. The transfer is incidents of service, and the competent authority may transfer a person holding transferable post on exigency or on administrative grounds. The Court should not interfere with the transfer and posting of the 5 W.P.(C) No. 9655 of 2025 2025:KER:28892 employees unless the same are against the statutory prescription of mala fide. 7. None of the aforesaid grounds are available in the present case and, therefore, this Court is not inclined to interfere with the transfer of the petitioner from Kochin to Kolkata. 8. As stated by the learned Central Government Counsel that the person who has already joined in the place of the petitioner is said to be retire on 31.05.2025, the respondents are directed to consider the petitioner’s representation in Exhibit P-16 and take appropriate decision as may be required in the facts and circumstances of the case for posting the petitioner back at Kochin on retirement of the person on 31.05.2025 who has already joined in the place of the petitioner. With aforesaid observations and directions, the present writ petition is hereby closed. Sd/- D. K. SINGH JUDGE Svn 6 W.P.(C) No. 9655 of 2025 2025:KER:28892 APPENDIX OF WP(C) 9655/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF OFFICE ORDER NO 39 DATED 14.12.2015 ISSUED BY 2ND RESPONDENT TRANSFERRING THE PETITIONER TO ERNAKULAM EXHIBIT P2 TRUE COPY OF MEDICAL REPORT DATED 01.04.2019 OF PETITIONER ISSUED BY DR. ANISA M, MODEL MEDI DIAGNOSTIC CENTRE EXHIBIT P3 TRUE COPY OF MRI BRAIN REPORT DATED 01.04.2019 OF PETITIONER ISSUED BY DR. ANISA M, MODEL MEDI DIAGNOSTIC CENTRE EXHIBIT P4 TRUE COPY OF MRI BRAIN SCAN REPORT OF PETITIONER DATED 24.01.2024 ISSUED BY DR. AISA, MODEL MEDI DIAGNOSTIC CENTRE EXHIBIT P5 TRUE COPY OF OFFICE ORDER NO 50 DATED 19.08.2024 ISSUED BY THE 4TH RESPONDENT EXHIBIT P6 TRUE COPY OF EMAIL COMMUNICATION DATED 02.09.2024 ISSUED BY 4TH RESPONDENT TO PETITIONER EXHIBIT P7 TRUE COPY OF MEMORANDUM DATED 17.09.2024 ISSUED TO PETITIONER BY 2ND RESPONDENT WITH ITS TYPED COPY EXHIBIT P8 TRUE COPY OF MEMORANDUM DATED 10.08.2023 ISSUED BY THE 2ND RESPONDENT ALONG WITH INQUIRY REPORT DATED 14.07.2022 WITH ITS TYPED COPY EXHIBIT P9 TRUE COPY OF EXPLANATION WITH ENCLOSURES SUBMITTED BY THE PETITIONER EXHIBIT P10 TRUE COPY OF NOTE DATED 26.09.2024 ISSUED BY 4TH RESPONDENT EXHIBIT P11 TRUE COPY OF LETTER DATED 19.09.2024 ISSUED BY 2ND RESPONDENT TO THE CHIEF MEDICAL OFFICER, GOVERNMENT GENERAL HOSPITAL, ERNAKULAM 7 W.P.(C) No. 9655 of 2025 2025:KER:28892 EXHIBIT P12 TRUE COPY OF MEMORANDUM DATED 27.09.2024 ISSUED BY 2ND RESPONDENT EXHIBIT P13 TRUE COPY OF COVERING LETTER DATED 08.10.2024 AND MEDICAL BOARD REPORT DATED 04.10.2024 OF PETITIONER FORWARDED BY GENERAL HOSPITAL, ERNAKULAM TO 2ND RESPONDENT EXHIBIT P14 TRUE COPY OF LETTER DATED 25.11.2024 ISSUED BY THE 2ND RESPONDENT TO THE MEDICAL SUPERINTENDENT, GOVERNMENT MEDICAL COLLEGE KALAMASSERY, ERNAKULAM WITH ENCLOSURES EXHIBIT P15 TRUE COPY OF MEDICAL BOARD REPORT OF PETITIONER WITH COVERING LETTER DATED 08.01.2025 FORWARDED BY THE MEDICAL SUPERINTENDENT, GOVERNMENT MEDICAL COLLEGE KALAMASSERY, ERNAKULAM EXHIBIT P16 TRUE COPY OF REPRESENTATION DATED 19.01.2025 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P17 THE COPY OF THE NOTE DATED 31.01.2025 ISSUED BY THE RESPONDENT S 2 TO 4 EXHIBIT P18 THE COPY OF THE OFFICE ORDER NO. 6 DATED 04.02.2025 ISSUED BY THE 4TH RESPONDENT EXHIBIT P19 THE COPY OF MEMORANDUM DATED 12.02.2025 ISSUED BY THE 4TH RESPONDENT EXHIBIT P20 TRUE COPY OF TRANSFER POLICY OF THE 2ND RESPONDENT