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1999 Supreme(Ker) 214

P.A.MOHAMMAD, M.R.HARIHARAN NAIR
Rajan – Appellant
Versus
Director General of Police – Respondent


Judgment :-

M.R. Hariharan Nair, J.

These appeals arise from the judgments passed by a learned single judge of this Court disposing of OP.Nos. 21216/98,23163/98,21914/98 and 21770/98, respectively. Common contentions were raised in these Original Petitions and they were hence disposed of as per a common judgment.

2. The challenge in these Original Petitions was with regard to the transfer of the petitioners who are police personnel from the North Zone to different districts like Palakkad, Idukki, Ernakulam Rural, Thrissur etc. According to the petitioners, the transfers are vitiated by malafides and issued only at the instance of the present office bearers of the Kerala Police Association, Kannur District who are known

supporters of the Communist Party of India (Marxist), whose nominee holds the Home Portfolio.

3. In the counter filed in O.P. 21770/98 and in the statements in the other cases, it is alleged that the transfer was ordered in public interest and as such the question arising for decision in these appeals is whether the transfers can be justified as done in public interest.

4. Basic facts alleged in the counter may be summarised as follows:- A case had to be registered again















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