A transfer deemed non-punitive is administratively valid when grounded in adherence to professional regulations and procedural fairness.

JUDGMENT

Petitioner, through the instant writ petition has sought the following prayers:

i) Issue a writ of certiorori or other appropriate writ or order direction calling for records lead Ext. P9 and quashing the same.

ii) Issue a writ of certiorari or other appropriate writ or order direction calling for recrds leading to Ext.P3 and quashing the same to the extent of censure of the petitioner on the basis of corroborated evidence of witness not in relation to Ext P-1 complaint.

iii) Issue a writ of certiorori or other appropriate writ or order or direction calling records leading to Ext. P-4, P-6 and P-8 and quashing the same.

iv) Stay Ext. P-9 order pending disposal of the writ petition.

v) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 1st Respondent to furnish copies of documents requested vide Ext. P-5.

2. In support of the aforementioned prayers, it is averred that the petitioner initially joined the 1st respondent University at its Regional Centre as Lecturer in Malayalam on 10.6.1996, but on account of discontinuation of the centre, the petitioner was again appointed as Lecturer on contract basis and continued for several years and finally on 1.3.2011, was appointed permanently as Lecturer and posted at Regional Centre, Thiruvananthapuram and after one year, was posted at Regional Centre, Ettumanoor. While serving at the Koyilandi Regional Centre as Teacher-in-charge attempted to correct the performance of the 6th respondent/Dr. Kavitha Raman in the preparation of question papers and onward transmission to the 1st respondent University. But the same was not appreciated, resulted into a complaint dated 21.8.2019 of sexual harassment. The 1st respondent did not entertain the complaint in its correct perspective and without serving a copy of complaint, petitioner was compelled to suffer a statement before the Chairperson of the Internal Complaint Committee on 1.3.2020. On receipt of Ext.P3 Memo, petitioner submitted his objection particularly of technical nature without seal etc., through E-mail, which was seriously taken note of resulting into issuance of a show cause notice dated 27.2.2021, Ext.P4. Petitioners' counsel submitted that Information and production of documents were sought vide Ext.P5, but no information or documents as requested were given by the 1st respondent University. A reply dated 16.4.2021, Ext.P7 was submitted to the 3rd respondent. The 3rd respondent issued further show cause notice dated 22.10.2021, Ext.P8 and now, vide impugned notice dated 10.11.2021 abruptly transferred to Payyannoor Regional Centre, Ext.P9. It is contended that the aforementioned transfer is punitive in nature and liable to be quashed.

3. Per contra, learned counsel appearing on behalf of the respondent University, submitted that the objections on memo of punishment of censure Ext.P3, was of such grave nature (which have been read out to the Court and this Court do not deem it appropriate to record in the order), resulted into show cause notices Ext.P4 and P8 and ultimately in the absence of any satisfactory reply, the transfer order which is not punitive in nature was passed as it would help the committee to conduct the enquiry in an unbiased manner.

4. I have heard the learned counsel for the parties and appraised the paper book. Order Ext.P9 do not reflect that the transfer is punitive in nature, for, it has been stated that the show cause notices issued by the University were not duly replied and teachers are required to be maintain the professional values as per the UGC Regulations, discipline, decent communicative, potential, friendly performance etc., but the language used on the receipt of the censure has resulted into disciplinary action. I am of the view that the transfer is purely administrative matter and cannot be said to be punitive in nature, warranting interference under Article 226 of the Constitution of India.

No ground for interference is made out. Writ petition is accordi