Madras High Court
S.David Leo vs The Principal Secretary To The ... on 29 June, 2022
W.A(MD)No.561 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.561 of 2022
and C.M.P.(MD) No.4884 of 2022
S.David Leo ... Appellant/Petitioner
Vs.
1.The Principal Secretary to the Government,
School Education Department,
Fort St. George,
Chennai – 9.
2.The Director of Elementary Education,
DPI Compound,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
O/o. The Chief Educational Officer,
Pudukkottai District.
4.The District Educational Officer,
O/o. The District Educational Officer,
Aranthangi,
Pudukkottai District.
5.The Block Educational Officer,
Thiruvarunkulam Block,
Pudukkottai District.
6.A.Karuppian,
Middle School Headmaster,
Panchayat Union Middle School,
Panangulam North,
https://www.mhc.tn.gov.in/judis
Page 1/6
W.A(MD)No.561 of 2022
Thiruvarunkulam Block,
Pudukkottai District.
7.The Director of Vigilance and Anti-Corruption,
Directorate of Vigilance and Anti-Corruption,
Collectors Nagar,
Alandur,
Chennai – 600 016. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, praying
to set aside the order dated 27.04.2022 in W.P(MD)No.2019 of 2022 and
allow the Writ Appeal.
For Appellant : Mr.T.Lajapathi Roy
For Respondents 1 to 5 : Mr.S.Saji Bino
Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR,J.)
Challenging the order of learned Single Judge dated
27.04.2022, made in W.P.(MD) No.2019 of 2022, the petitioner in the
writ petition has preferred the above appeal.
2. Heard Mr.T.Lajapathi Roy, learned counsel appearing for the
appellant and Mr.S.Saji Bino, learned Special Government Pleader,
appearing for the respondents 1 to 5.
3. In the writ petition in W.P.(MD) No.2019 of 2022, the
appellant challenges the order of transfer, mainly on the ground that the
https://www.mhc.tn.gov.in/judis
Page 2/6
W.A(MD)No.561 of 2022
order of transfer is not an administrative transfer and therefore, the
order without giving him an opportunity as regards the complaint against
him is in violation of principles of natural justice.
4. This Court after going through the order found that there is a
reference to a complaint. Though it is technical objection, learned counsel
for the petitioner submitted that the reference to complaint against the
petitioner clearly indicates that the order is stigmatic and hence, the
transfer impugned in the writ petition is liable to be set aside.
5. After going through the facts, we find that it is an
administrative transfer and the writ petition is not maintainable.
However, having regard to the admitted facts, this Court requested
learned Special Government Pleader to get instruction as to whether the
respondents could pass order without any reference to any complaint.
Learned Special Government Pleader after getting instructions from the
official respondents submitted that the order of transfer impugned in the
writ petition can be withdrawn and a fresh order of transfer without
reference to any complaint against the petitioner can be passed.
Accordingly, the order impugned in the writ petition is withdrawn and a
fresh order dated 21.06.2022 is issued. In view the same, this Court is
inclined to close the writ petition as infructuous. Since the fresh order of
https://www.mhc.tn.gov.in/judis
Page 3/6
W.A(MD)No.561 of 2022
transfer is at out instance, the appellant whose only grievance is
addressed cannot challenge the same afresh.
6. Accordingly, the Writ Petition is closed as infructuous. No
Costs. Consequently, connected Miscellaneous Petition is also closed.
[S.S.S.R.,J] [S.S.Y.,J.]
29.06.2022
Index :Yes/No
Internet :Yes/No
sj
To
1.The Principal Secretary to the Government,
School Education Department,
Fort St. George,
Chennai – 9.
2.The Director of Elementary Education,
DPI Compound,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
O/o. The Chief Educational Officer,
Pudukkottai District.
4.The District Educational Officer,
O/o. The District Educational Officer,
Aranthangi,
Pudukkottai District.
5.The Block Educational Officer,
Thiruvarunkulam Block,
Pudukkottai District.
https://www.mhc.tn.gov.in/judis
Page 4/6
W.A(MD)No.561 of 2022
6.The Director of Vigilance and Anti-Corruption,
Directorate of Vigilance and Anti-Corruption,
Collectors Nagar,
Alandur,
Chennai – 600 016.
https://www.mhc.tn.gov.in/judis
Page 5/6
W.A(MD)No.561 of 2022
S.S.SUNDAR,J.
and
S.SRIMATHY,J.
sj
W.A(MD)No.561 of 2022
29.06.2022
https://www.mhc.tn.gov.in/judis
Page 6/6
