Madras High Court
P. Vijayan vs The Managing Director on 28 October, 2021
W.P(MD)No. 8067 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No. 8067 of 2020
and
W.M.P(MD)Nos.7484, 7487 and 11539 of 2020
P. Vijayan ... Petitioner
Vs.
1. The Managing Director,
Arasu Rubber Kazhagam Limited,
( A Government of Tamil Nadu Undertaking)
Vadasery, Nagercoil -1
Kanyakumari District.
2. The Divisional Manager,
Manalodai Division,
Arasu Rubber Kazhagam Limited,
Perunchani,
Ponmanai Post,
Kanyakumari District.
... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for the
issuance of a writ of certiorarified mandamus, calling for the records relating to
the impugned order dated 30.06.2020 Ref.No.Na.Ka.No.L/2966/19 passed by
the first respondent seeking to transfer the petitioner from Kalikesam Unit of
Manalodai Division to Kothaiyaar Division and thereby taking away the entire
life time seniority of the petitioner and quash the impugned order and
consequently direct the respondent authorities not to disturb petitioner's service
in Kalikesam Unit of Manalodai Division and petitioner's service seniority and
pass orders.
https://www.mhc.tn.gov.in/judis
1/6
W.P(MD)No. 8067 of 2020
For Petitioner : Mr. S. Suresh Kumar
For Respondents : Mr. S. Shanmugavel
Standing Counsel for State
ORDER
According to the petitioner, he is employed as rubber tapping
worker in the respondent organization and he joined service in the year
1997. On 12.02.2020, he has been transferred from Kalikesam Unit of
Manalodai Division to Kothaiyaar Divison. Thereafter, the writ petitioner
has given a request to consider his transfer. On his request, the second
respondent considered and revoked the earlier order dated 12.02.2020
and placed the petitioner in the same place by order dated 20.06.2020.
Thereafter, within 10 days, the first respondent has issued the impugned
transfer dated 30.06.2020. In the impugned transfer order, no specific
reason has been assigned.
2. According to the learned Government Pleader, there is an
allegation against the petitioner and therefore in the interests of
administration, the petitioner was transferred.
3. According to the learned counsel for the petitioner, there is no
disciplinary action taken by the respondent on the aforesaid allegation nor
https://www.mhc.tn.gov.in/judis
W.P(MD)No. 8067 of 2020
an opportunity has been granted to the petitioner. Without following the
said procedure, the impugned transfer order was issued and thus it is
punitive in nature.
4. According to the learned counsel for the petitioner, several
decisions have been held in favour of the petitioner and accordingly the
impugned transfer order, which is punitive in nature is unsustainable in
law.
5. A counter has been filed on behalf of the respondents. The
learned Standing Counsel though submit that charges have been framed
and therefore the impugned transfer order is sustainable and prays for the
dismissal of the Writ Petition, however it is seen from the counter that
charges have been framed only after the filing of the writ petition.
6. On considering the impugned transfer order, it is seen that there
is no whisper about the framing of charges in the said order that has been
passed by the respondent on administrative ground.
7. In the counter, various allegations have been made against the
petitioner and as the petitioner has committed misconduct, the
impugned order of transfer has been passed.
https://www.mhc.tn.gov.in/judis
8. In the impugned order, there is no mention about the initiation of
W.P(MD)No. 8067 of 2020
disciplinary proceedings against the petitioner. Therefore the case of the
petitioner squarely covers by the case decided by this court today in a
batch of Writ Petitions in W.P. (MD) No. 10759 of 2021 Batch, wherein this
court has elaborately considered various decisions rendered by the
Hon'ble Supreme Court as well as Division Bench of this Court on the
issue of transfer.
9. On considering the aforesaid judgments of the Hon'ble Supreme
court and the Division Bench of this Court, this court has also elaborately
discussed the issue in the batch of Writ Petitions in W.P. Nos. 10759,
11259, 11269, 11279 and 11290 of 2021, Common order passed today.
10. In the light of the facts and the decisions of the Hon'ble
Supreme Court as well as the Division Bench of this Court, elaborately
discussed in the batch of writ petitions, disposed of today by a common
order in W.P. (MD) No. 10759 of 2021 Batch, the impugned transfer order
passed by the respondent based on the allegation of misconduct as
against the petitioner, without providing any opportunity to the petitioner,
is punitive in nature and against the principles of natural justice. Hence,
the impugned transfer order is quashed and liberty is granted to the
respondent to issue fresh order if necessary in accordance with law.
https://www.mhc.tn.gov.in/judis
W.P(MD)No. 8067 of 2020
11. With the above observations, the impugned order is quashed
and the writ petition stands allowed. No costs. Consequently, connected
miscellaneous petition is closed.
28.10.2021
Index : Yes / No
Internet : Yes/ No
mnr
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1. The Managing Director,
Arasu Rubber Kazhagam Limited,
( A Government of Tamil Nadu Undertaking)
Vadasery, Nagercoil -1
Kanyakumari District.
2. The Divisional Manager,
Manalodai Division,
Arasu Rubber Kazhagam Limited,
Perunchani,
Ponmanai Post,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No. 8067 of 2020
D.KRISHNAKUMAR, J.
mnr
W.P(MD)No. 8067 of 2020
and
W.M.P(MD)Nos.7484, 7487 and 11539 of 2020
https://www.mhc.tn.gov.in/judis
28.10.2021
