Transfer on administrative grounds is justified to protect the smooth functioning of the organization and prevent harm to the administration. The transfer is not punitive if it is intended to remove obstacles and not to penalize the employee for any fault or offense.

A clerk in the office of the Police Department of a district, is transferred on the ground that he recommends cases of anti-social elements, tampers with witnesses and the record. Is this a transfer on administrative grounds? This is the question raised in the petition under Art.226 of the Constitution of India.

2. The petitioner, a Lower Division Clerk working in the District Police Office, Kollam, was, between 6-11-1989 to 4-3-1991 working as Record Keeper in the office. By order No. M2-82284/93 dated 11-10-1993 made by the Director General of Police the petitioner was transferred from the District Police Office, Kollam, to M.S.P. Malappuram, against the vacancy of Is mail Pazheri, L.D. Clerk. The transfer has been described as "on disciplinary grounds". The petitioner impugns this order.

3. A preliminary enquiry into the accusations of falsification of records and misappropriation of Government money of Rs. 13,500/- was made. The petitioner is alleged to have fabricated documents and misappropriated the amount. The petitioner was suspended on 4-3-1991, but was reinstated on 14-8-1991. A criminal case No. 49S/ 1991 under Ss.477(A) and 408 of the Indian Penal Code in respect of this amount is pending trial before the Chief Judicial Magistrate, Kollam. Another Criminal Case, C.C.No. 757/1991 for offences punishable under Ss.452, 383 read with S.34 of the Indian Penal Code is also pending against the petitioner. The petitioner was also an accused in Crime Case No. 527 of 1991 under Ss.448,341,323 and 427 read with Ss.34 of the Indian Penal Code. This case resulted in a compromise.

4. According to the respondents the petitioner's presence in the office at Kollam is undesirable for these reasons:

(a) He commends the cases of anti-social elements and threaten? '.he police officers if they do not accept his recommendations.

(b) If he is allowed to continue in the District Police Office he is likely to influence the witnesses in his capacity as a member of the staff.

(c) He is likely to misplace or destroy the relevant records.

5. It is because of the above circumstances and in order to protect the witnesses from his influence and the record from being tampered with, that he was transferred. According to the petitioner the transfer is punitive. The respondents on the other hand urge that the transfer has been necessitated by the needs of administration arising out of the facts stated above.

6. None of the facts stated in paras. 3 and 4, except the inference that he is likely to tamper with the records, are disputed. The question therefore, is whether the transfer on the grounds mentioned above is punitive or is necessitated by the needs of the administration which consist of:-(a) preventing him from recommending cases of antisocial elements (b) keeping the petitioner away so as to protect the record and (c) preventing him from tampering with witnesses who may testify against him.

7. Generally speaking, the administrative grounds taken into consideration facts like suitability of the employee for the job, his aptitude, conduct, reputation and the period for which he had been in the post. These are just some of the factors. They do not exhaust all exigencies of administration. That is why the courts have not limited the meaning of the word "administrative" by defining it. The respondents do not pretend that the petitioner has been transferred merely because a vacancy arose or because he is better suited for the job and the place where he is transferred. They have candidly claimed that the petitioner's presence in the office is likely to hamper not only the day-to-day administration but also the judicial proceedings pending against him. In a nutshell, they urge that the petitioner is an obstacle in the functioning of the police department of the District.

8. It is necessary to consider what is meant by "administrative" reasons or "administrative" grounds. In the context of this case "to administer" means to manage the affairs of the