Madras High Court
S.Saravanakumar vs The Chief Engineer / Personnel ... on 5 April, 2022
W.P. (MD) No. 11868 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P. (MD) Nos. 11868 of 2021 and
W.M.P. (MD) Nos. 9310, 9313 and 13229 of 2021
S.Saravanakumar ... Petitioner
Vs.
1. The Chief Engineer / Personnel (A/C),
Tamil Nadu Generation and Distribution Corporation Limited,
(TANGEDCO),
8th Floor, NPKRR Maaligai,
144, Anna Salai,
Chennai - 600 002.
2. The Superintending Engineer,
Dindigul Electricity Distribution Circle,
Tamil Nadu Generation and Distribution Corporation Limited,
(TANGEDCO),
Dindigul District.
3. The Executive Engineer,
Office of the Executive Engineer,
Tamil Nadu Generation and Distribution Corporation Limited,
(TANGEDCO),
Oddanchathiram,
Dindigul District.
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W.P. (MD) No. 11868 of 2021
4. A.Gomathi,
Administrative Supervisor,
Office of the Executive Engineer,
Tamil Nadu Generation and Distribution Corporation Limited,
(TANGEDCO),
Oddanhathiram,
Dindigul District. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus calling for the
records pertaining to the impugned order in Memo No.016121/124/G.
332/2012-2 dated 24.06.2021 on the file of the first respondent and quash
the same as illegal and consequently direct the first and second respondents
to consider the request of the petitioner for his transfer application dated
03.07.2020 and 02.01.2021 and transfer him to the office of the third
respondent within a time period.
For Petitioner : Mr.T.Thirumurugan
For Respondent : Mr.S.Arivalagan for R1 to R3
Mr.S.Louis for R4
ORDER
The order of transfer dated 24.06.2021 transferring the fourth
respondent namely Gomathi from Palladam Electricity Distribution Circle to
Dindigul Electricity Distribution Circle in the place of S.P.Karthy is under
challenge in the present Writ Petition.
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W.P. (MD) No. 11868 of 2021
2. The petitioner is working as Administrative Supervisor and he
is not a party to the impugned transfer proceedings. The grievances of the
writ petitioner is that he has already submitted an application for transfer
and instead of considering the said transfer application, the fourth
respondent was considered and therefore, the petitioner is constrained to
move the present Writ Petition.
3. The learned counsel for the petitioner further contended that the
Chief Engineer is not a Competent Authority to effect the transfer and the
Superintendent Engineer alone is competent to issue such transfer orders.
4. Transfer is an incidental to service, more so, a condition of
service. When the transfers are not affecting the rights of an employee or
violating the service conditions, the grounds raised in this regard are
unsustainable. The superior officials are empowered to issue transfer in the
interest of public administration. Therefore, the contention of the petitioner
is that the Chief Engineer is not a competent to issue transfer orders
deserves no merit consideration.
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W.P. (MD) No. 11868 of 2021
5. In respect of the said S.P.Karthy, who was transferred from
Dindigul Electricity Distribution Circle, he has filed a Writ Petition in
W.P. (MD) No. 11066 of 2021, challenging the very same transfer order
dated 24.06.2021 and the said Writ Petition was dismissed by this Court on
24.03.2022. While so, the petitioner, who is not a party to the impugned
transfer order, has no locus to challenge the same. If at all he made a request
application for transfer, it is to be construed as a separate application which
cannot be a ground for challenging the transfer order issued to the fourth
respondent in the present Writ Petition.
6. Thus, this Court is of the considered opinion that day-to-day
administration of the Government vests with the executives. The day-to-day
administration are to be effectively monitored and regulated by the
Competent Authorities. Courts are not expected to interfere with the day-to-
day administration of the Government Departments. No doubt, on
exceptional circumstances, the Court can entertain Writ Petitions, where an
order of transfer is under challenge on certain limited grounds. If any order
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W.P. (MD) No. 11868 of 2021
of transfer has been passed without jurisdiction or allegations of malafides
are raised or in certain exceptional circumstances, where materials are
available to establish that the transfer is punitive, then the Courts can
interfere, in order to mitigate the exceptional circumstances advanced.
However, the scope of interference is undoubtedly limited and in the event
of frequent interference by the Constitutional Courts in the matter of
administrative transfer, the executives may not be in a position to run the
administration in a smooth manner.
7. The next question arises, whether transfer gives a right to a
Government employee. The answer would be that transfer would not
provide any right to a Government employee. Transfer is an incidental to
service, more so a condition of service. When an offer of appointment is
issued by the Competent Authorities, the acceptance of appointment is
implied that the transfers are agreed and the employment is a contract
between the employer and employee and the transfer being incidental, the
scope for challenge is in narrow campus. Thus, when there is no right in the
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W.P. (MD) No. 11868 of 2021
matter of transfer and transfers are not affecting the service conditions of an
employee, then the entertainability of the writ petition is to be considered.
8. As stated above, entertainability rests on limited grounds
viz., (i) without jurisdiction; (ii) mala fide; and (iii) punitive, if established
with sufficient materials to the satisfaction of the Courts.
9. The power of judicial review of the High Court under Article
226 of the Constitution of India is to ensure the processes through which
decision is taken by the Competent Authority in consonance with the
provisions of the statutes and rules, but not the decision itself. Therefore,
the processes adopted are that the Commissioner of Social Welfare sends
proposal based on various reasons, including administrative reasons in
certain cases and accordingly, transfer orders were issued transferring 13
officials by the Government in G.O.(pa)No.8 dated 19.01.2022. Thus, the
said administrative reason need not be interfered with by the Courts in a
writ proceedings.
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W.P. (MD) No. 11868 of 2021
10. There are many complaints against the public officials in
common parlance. General public are giving complaints and some
complaints are motivated and some complaints require enquiry. However, if
the higher officials receive frequent complaints against an officer in a
particular manner or regarding certain instances, then it is the subjective
satisfaction of the Competent Authority concerned to take a decision and
the Courts cannot play any role in such decision of the administrative
authorities. In the process of administration, an executive takes a decision
considering the nature of complaints and the seriousness involved and
further enquiry to be conducted, if necessary. Such a process is an
administrative process, which is the day-to-day administration and in the
event of interference by the High Courts, it would be undoubtedly, a tedious
affair for the executives to run the administration in a peaceful manner and
to enforce discipline amongst the employees, which is of paramount
importance.
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W.P. (MD) No. 11868 of 2021
11. This Court cannot brush aside the general allegations in the
public domain against the public servants. There are large scale corruption
in Government Departments. People are not only lamenting, even for their
rightful claims, bribes are demanded. Under these circumstances,
administrative transfers are warranted and therefore, the Courts are expected
to exercise restraint in exercise of the power of judicial review under Article
226 of the Constitution of India and the discipline to be maintained in
public service is also to be considered by the Courts, while interfering with
such administrative transfers.
12. One or two decades back, the working atmosphere in
Government Offices are entirely different which cannot be compared with
the present day administration. Therefore, those judgments delivered some
years back, may not have much relevance with reference to the current day
affairs in the Government Departments and in the perspection of the public
at large.
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W.P. (MD) No. 11868 of 2021
13. Government servants play a significant role in running the
administration of our great nation. They are important constituents of the
administrative set up of our nation. They are the pillars of the Government
Departments on whose shoulders, the responsibility to implement the
Government policies lies. They provide public services to the citizen at the
grass root level and in the same way, they forward the grievances of the
public, their representations and demands to the higher for their effective
resolution. The Government employees have different work culture and
responsibility as compared to the counterparts in private sectors. They are
smartly paid and they have some kind of perquisites given to them but at the
same time, they have heavy responsibility to the Government in particular
and public in general. These Government employees enjoy a special status.
They are receiving a decent salary from the taxpayers money. In the event
of encouraging the district level officers, to choose the place and post in a
particular manner, this Court is of the considered opinion that the
administrative discipline will certainly parallelize and under those
circumstances, the administrative reasons place a dominant role. Courts in
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W.P. (MD) No. 11868 of 2021
all circumstances cannot interfere with the administrative reasons.
Administrative reasons cannot be defined in a narrow campus. There may
be several instances of administrative reasons. The Government may have
decided that a particular officer will be the best person to tackle certain
issues in a particular place or post. As stated earlier, it is the subjective
satisfaction of the Competent Authority and therefore, the power of judicial
review and its scope are undoubtedly limited and under these circumstances,
this Court is of the opinion that the petitioner has not established any right
for the purpose of considering the relief.
14. Accordingly, this Writ Petition stands dismissed. However,
thee shall be no order as to costs. Consequently, connected Miscellaneous
Petitions are closed.
05.04.2022
Index : Yes
Speaking Order : Yes
vji
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W.P. (MD) No. 11868 of 2021
To
1. The Chief Engineer / Personnel (A/C),
Tamil Nadu Generation and Distribution Corporation Limited,
(TANGEDCO),
8th Floor, NPKRR Maaligai,
144, Anna Salai,
Chennai - 600 002.
2. The Superintending Engineer,
Dindigul Electricity Distribution Circle,
Tamil Nadu Generation and Distribution Corporation Limited,
(TANGEDCO),
Dindigul District.
3. The Executive Engineer,
Office of the Executive Engineer,
Tamil Nadu Generation and Distribution Corporation Limited,
(TANGEDCO),
Oddanchathiram,
Dindigul District.
4. The Administrative Supervisor,
Office of the Executive Engineer,
Tamil Nadu Generation and Distribution Corporation Limited,
(TANGEDCO),
Oddanhathiram,
Dindigul District.
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https://www.mhc.tn.gov.in/judis
W.P. (MD) No. 11868 of 2021
S.M.SUBRAMANIAM, J.
vji
W.P. (MD) Nos. 11868 of 2021
and
W.M.P. (MD) Nos. 9310, 9313 and 13229 of 2021
05.04.2022
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https://www.mhc.tn.gov.in/judis
