Madras High Court
M.Baskaran vs The Chief Engineer(Personnel) on 23 March, 2022
W.P(MD).No.9437 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.9437 of 2021
and
W.M.P(MD)No.7160 of 2021
M.Baskaran ... Petitioner
Vs.
1.The Chief Engineer(personnel),
Tamil Nadu Generation and Power Distribution
Corporation Limited(TANGEDCO),
Thanjavur Electricity Distribution Circle,
Thanjavur District.
2.The Superintending Engineer,
Tamil Nadu Generation and Power Distribution
Corporation Limited(TANGEDCO),
Thanjavur Electricity Distribution Circle,
Thanjavur District.
3.Mrs.Vijaya Gowri,
Now holding the post of the Superintending Engineer,
Tamil Nadu Generation and Power Distribution
Corporation Limited(TANGEDCO),
Thanjavur Electricity Distribution Circle,
Thanjavur District.
1
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W.P(MD).No.9437 of 2021
4.The Junior Engineer(Operation and Maintenance),
Tamil Nadu Generation and Power Distribution
Corporation Limited(TANGEDCO),
Semmangudi-612 605,
Thanjavur District. ...Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Certiorari, calling for the records pertaining to the
impugned transfer order issued by the second respondent in his
proceedings in Ku.No.315/Ni.Pi.3/Ni.Vu.1/Ko.Ni.Ma./2021, dated
4.5.2021 transferring the Petitioner from Semmangudy to Pattukkottai
west Section and consequential order of reliving issued by the fourth
respondent in Lr.No.JR/O &M/SMG/F.REW/D.No.015/2021, dated
4.5.2021 and to quash the same as illegal and arbitrary
For Petitioner : Mr.C.Gangai Amaran
For Respondents : Mr.S.Arivalagan
Standing Counsel
ORDER
The petitioner is working as Commercial Inspector in
TANGEDCO. He was transferred from Semmangudy Branch North
Kumbakonam Division to Pattukottai Division, on administrative
grounds.
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W.P(MD).No.9437 of 2021
2.The learned counsel for the respondents brought to the notice of
this Court that disciplinary proceedings were initiated against the writ
petitioner. Therefore, the request of transfer application was not
considered. However, the petitioner was transferred on administrative
grounds. The transfer order has been issued transferring the petitioner
from North Kumbakonam Division to Pattukottai Division, within the
same district. Therefore, transfer would not affect the petitioner in any
manner.
3.Administrative transfer cannot be interfered with by the Court in
a routine manner. Transfer is an incidental to service. Moreso, a
condition of service. The principles governing the transfers are to be
considered by this Court, at the first instance.
4. Tamil Nadu Government Servants (Conditions of Service) Act,
2016 (Act No.14 of 2016) governs the powers of authorities to transfer
government employees.
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W.P(MD).No.9437 of 2021
5. Section 48 stipulates 'posting and transfer'. Sub-section (1)
contemplates that 'a member of a service or class of service may be
required to serve in any post both on the cadre of such service or class for
which he is qualified'.
6. Sub-section (3) contemplates 'notwithstanding anything
contained in this Act or any special rules or adhoc rules, the Government
may transfer any Government servant from one revenue district to
another revenue district within the State, on administrative grounds.'
7. The power of transfer conferred on the Government under
Section 48 of the Act is absolute. Even sub-section (3) contemplates, on
administrative grounds, the Government, notwithstanding the provisions
of the Act or any special rules or adhoc rules, may issue orders of transfer
on administrative grounds.
8. Let us consider the spirit of this provision. Transfers are issued
on administrative grounds for efficient and effective public
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W.P(MD).No.9437 of 2021
administration. Efficient public administration is the constitutional
mandate and under those circumstances, the act intended to provide an
absolute power to the Government to transfer an employee from one
revenue district to another revenue district on administrative grounds
notwithstanding anything contained in the act or any special rules or
adhoc rules.
9. 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 of transfer has been passed without jurisdiction or allegations of
mala fides 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
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W.P(MD).No.9437 of 2021
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.
10. 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 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.
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W.P(MD).No.9437 of 2021
11. 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.
12. The power of judicial review of the High Court under Article
226 of the Constitution of India is to ensure the processes through which
is 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.
13. 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.
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W.P(MD).No.9437 of 2021
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.
14. 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
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W.P(MD).No.9437 of 2021
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.
15. 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.
16. 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
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W.P(MD).No.9437 of 2021
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 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
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W.P(MD).No.9437 of 2021
and its scope are undoubtedly limited and under these circumstances, this
Court is of the opinion that the petitioner has not established any
exceptional or extraordinary circumstances for the purpose of interfering
with the order of administrative transfer which is impugned in the present
writ petition.
17.In view of the above, the relief sought for in the present writ
petition cannot be considered. Hence, this Writ Petition stands dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
23.03.2022
Index:Yes/No
Internet:Yes/No
Ns
https://www.mhc.tn.gov.in/judis
W.P(MD).No.9437 of 2021
S.M.SUBRAMANIAM,J.
Ns
ORDER MADE IN
W.P.(MD)No.9437 of 2021
and
W.M.P(MD)No.7160 of 2021
23.03.2022
https://www.mhc.tn.gov.in/judis
