Kerala High Court Says Transfer of Pending Disciplinary Action Cannot be Used as Punishment

The Kerala High Court set aside the transfer of a KSRTC employee who was shifted from Thiruvananthapuram to Kasaragod after publishing an article in a union journal on the Corporation’s financial condition.

The employer claimed the article spread misleading information and initiated disciplinary proceedings.

The Court held that while an employee can be transferred pending inquiry, such transfer must serve a legitimate purpose like preventing influence over witnesses or tampering with records.

Since the issue related only to authorship and content of the article, the Court found no such risk. It ruled that the transfer was punitive and arbitrary.

[Sivakumar S v. State of Kerala]