ANTONY DOMINIC , J.
The petitioner was the Superintendent of General Hospital, Neyyattinkara. By order dated 27.8.2014, he was transferred to Taluk Hospital, Konni. It was challenging this order, O.A.No.1690/2014 was filed before the Kerala Administrative Tribunal. The Tribunal by Exhibit P4 order, dismissed the O.A. It is in these circumstances, this Original Petition is filed.
2. We heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for respondents 1 and 2.
3. According to respondents 1 and 2, disciplinary action has already been initiated against the petitioner by Annexure A3 memo of charges and the petitioner's transfer was on account of the fact that official respondents considered it necessary, in the interest of the organisation not to retain the petitioner during the pendency of such an enquiry.
O.P.(KAT)337/14 -2-
4. Although the learned counsel for the petitioner contended that the charges are totally unsustainable and that the memo of charges were issued against the petitioner only to resist the O.A. filed by the petitioner, in our view, it is not necessary for this Court to enquire into such contentions, as at present it is a fact that the petitioner is facing disciplinary action. If the respondents have for bona fide reasons concluded that due to pendency of the disciplinary proceedings, it is not desirable to retain the petitioner at Neyyattinkara, such a decision cannot be vitiated either by mala fides or arbitrariness, justifying interference either by the Tribunal or by this Court.
We do not find any reasons to interfere with the order passed by the Tribunal. The Original Petition fails and the same is dismissed.
SD/-
ANTONY DOMINIC, JUDGE dsn SD/-
ANIL K.NARENDRAN, JUDGE