Madras High Court
M.Anbalagan vs The Principle Chief Conservator ... on 18 April, 2022
W.P.No.26992 of 2021
and W.M.P.Nos.28431 & 28432 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.26992 of 2021
and W.M.P.Nos.28431 & 28432 of 2021
M.Anbalagan ... Petitioner
Vs.
1.The Principle Chief Conservator of Forests
(Head of Department)
Panagal Maaligai, Saidapet,
Chennai – 600015.
2.The Chief Conservator of Forests & Field Director,
Sathyamangalam Tiger Reserve (STR) Circle, Erode.
3.The Conservator of Forests,
Salem Circle, Salem 636 007.
4.The District Forest Officer,
Salem Division, Salem – 636 007.
5.T.Gobi,
Forest Contractor, Kottayur Village,
Bommdi, Papirattipatti Taluk,
Dharmapuri District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorari, calling for the records relating to
the order dated 01.11.2021 made in Na.Ka.No.B2/7476/2021 confirming
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.26992 of 2021
and W.M.P.Nos.28431 & 28432 of 2021
earlier transfer order from Salem Circle to Sathyamangalam tiger Reserve,
Erode dated 11.05.2021 made in Ref.No.B2/7476/2021 on the file of the
Principal Chief Conservator of Forests, the first respondent herein and to
quash the same.
For Petitioner : Mr.A.V.Arun
Assisted by Mr.M.A.Aruneshe
For R1 to R4 : Mrs.S.Anitha
Special Government Pleader
For R5 : Mr.R.Vinoth Kumar
ORDER
The relief sought for in the writ petition is to call for the records
relating to the order dated 01.11.2021 made in Na.Ka.No.B2/7476/2021
confirming earlier transfer order from Salem Circle to Sathyamangalam tiger
Reserve, Erode dated 11.05.2021 made in Ref.No.B2/7476/2021 on the file of
the Principal Chief Conservator of Forests, the first respondent herein and to
quash the same.
2.Brief facts of the case:
While the petitioner was working as Forest Range Officer, Salem
Division, by an order dated 09.02.2021, the third respondent has suspended
https://www.mhc.tn.gov.in/judis
W.P.No.26992 of 2021
and W.M.P.Nos.28431 & 28432 of 2021
the petitioner from the service by stating that he was negligent and there were
irregularities and dereliction of duty. Thereafter, on 03.05.2021, the fourth
respondent has issued charge sheet under Rule 17(b) of Tamil Nadu Civil
Service (Discipline and Appeal) Rules bearing C.No.14 of 2021. Thereafter,
on 11.05.2021, the third respondent revoked the order of suspension and on
the same day, the first respondent herein has passed transfer order by
transferring the petitioner from Salem Division to Sathyamangalam Tiger
Reserve, Erode on administrative ground without TTA. Thereafter, on
representation of the petitioner dated 07.07.2021, the said charge memo dated
03.05.2021 has been withdrawn, however, fresh charge memo dated
13.08.2021 was issued framing the very same charge, but giving the date as
05.02.2021. Further, by proceedings dated 16.08.2021, the second
respondent has cancelled his earlier proceedings and placed the petitioner as
Double Lock Officer, Government Sandalwood Depot, Sathyamangalam.
Thereafter, the petitioner has sent representations to the first respondent on
07.07.2021, 28.07.2021 and 16.09.2021 to cancel the transfer order dated
11.05.2021, by stating that his wife is working as a Head Mistress in
government Primary School, Attur, however, the same has been rejected.
Hence, the writ petition.
https://www.mhc.tn.gov.in/judis
W.P.No.26992 of 2021
and W.M.P.Nos.28431 & 28432 of 2021
3.The learned counsel for the petitioner would reiterate the above said
facts and also submitted that the petitioner is facing four 17(b) charge sheets
issued by the fourth respondent and the same were under progress for which
the presence of the petitioner in Salem Circle is much needed to finalize the
same before the retirement on 30.06.2023 and therefore, it is necessary for
him to continue his work in Salem Circle itself. Further, he would submit that
the action of the first respondent that transfer of petitioner from Salem Circle,
Sathyamangalam Tiger Reserve, Erode, is punitive in nature. Hence, he seeks
indulgence of this Court to quash the order of transfer.
4.The learned Special Government Pleader has filed counter affidavit
on behalf of the fourth respondent by stating that the petitioner has been
working in Attur Range, Salem Circle for more than three years as against
normal service in a place up to three years as allowed by the Government and
there were irregularities committed by the petitioner at Attur Range, Salem
Circle and hence, he was placed under suspension. Apart from that it is stated
that four charge sheets were framed for eight charges against the petitioner
under Rule 17(b) of Tamil Nadu Civil Services (Appeal and Discipline) Rules
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W.P.No.26992 of 2021
and W.M.P.Nos.28431 & 28432 of 2021
and the same are pending against the petitioner. Thereafter, on representation
of the petitioner, the suspension order has been revoked and on administrative
ground the transfer order has been issued on the petitioner by transferring
him to Sathyamangalam Tiger Reserve, Erode, from Salem Circle, particularly
on revocation of the suspension order. Therefore, there is no interfere
warrants with the order passed by the respondent. Further, it is stated that
there is a bar to post the petitioner, within the circle as per the circular
instructions of the first respondent.
5.Heard the learned counsel on either side and perused the materials
placed on record.
6.It is seen that while the petitioner was working as Forest Range
Officer, Salem, he was suspended by the third respondent on the ground that
there was some irregularities and dereliction of duty while discharging his
duties. Subsequently, charge memo has been framed under Rule 17(b) of
Tamil Nadu Civil Services (Appeal and Discipline) Rules by the fourth
respondent and the said charge memo has been withdrawn and fresh charge
memo was issued on the petitioner for the very same charges. The writ
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W.P.No.26992 of 2021
and W.M.P.Nos.28431 & 28432 of 2021
petitioner's suspension was also revoked by the third respondent. Now, the
writ petitioner is challenging the impugned transfer order on the ground that
the said transfer order is punitive in nature and he also relied upon the
decision of the Hon'ble Supreme Court in the case of K.M.Elumalai vs. The
Superintendent of Prisons, Central Prison-II and another [CDJ 2009
MHC 4819] and also relied upon the judgment of this Court in W.P.(MD)
Nos.10759 & etc., batch, dated 28.10.2021.
7.Further, in the counter affidavit filed by the fourth respondent, it is
stated that four charge sheets were framed for the eight charges against the
petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Appeal and
Discipline) Rules and the same is pending and only due to administrative
reasons, the said impugned transfer order has been passed.
8.On considering the fact that there is no acceptable ground to interfere
over the impugned transfer order and the said transfer order is passed only on
the administrative grounds, this Court has come to the conclusion that the
said impugned order is not punitive in nature. Thus, this Court is not inclined
to entertain the writ petition.
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W.P.No.26992 of 2021
and W.M.P.Nos.28431 & 28432 of 2021
9.Accordingly, this writ petition stands dismissed. However, this order
will not preclude the petitioner to make his request before the authority
concerned for reconsider transfer order. Consequently, connected
miscellaneous petitions are closed. No costs.
18.04.2022
Index : Yes / No
Internet : Yes / No
dua
Note: Issue a copy of this order on 20.06.2022
To
1.The Principle Chief Conservator of Forests
(Head of Department)
Panagal Maaligai, Saidapet, Chennai – 600015.
2.The Chief Conservator of Forests & Field Director,
Sathyamangalam Tiger Reserve (STR) Circle, Erode.
3.The Conservator of Forests,
Salem Circle, Salem 636 007.
4.The District Forest Officer,
Salem Division, Salem – 636 007.
5.T.Gobi,
Forest Contractor,
Kottayur Village, Bommdi, Papirattipatti Taluk,
https://www.mhc.tn.gov.in/judis
W.P.No.26992 of 2021
and W.M.P.Nos.28431 & 28432 of 2021
Dharmapuri District.
D.KRISHNAKUMAR. J
dua
W.P.No.26992 of 2021
and W.M.P.Nos.28431 & 28432 of 2021
18.04.2022
https://www.mhc.tn.gov.in/judis
