Madras High Court
P.Sankar Kumar vs The Chief Educational Officer on 26 May, 2022
W.A.(MD) No.487 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.487 of 2022
and
C.M.P.(MD)Nos.4505 and 4507 of 2022
P.Sankar Kumar ...Appellant/
Writ Petitioner
/Vs./
1.The Chief Educational Officer,
Thenkasi.
2.The District Educational Officer,
Sankarankovil Educational District,
Sankarankovil,
Thenkasi District.
3.The Block Educational Officer,
Alangulam Block,
Thenkasi District.
4.Anthony Paulraj
The Head Master,
Panchayat Union Primary School,
Alangulam Block,
Maruthamputhur,
Thenkasi Distirct. ...Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.487 of 2022
PRAYER: Writ Petition filed under Clauses 15 of the Letter Patent praying
this Court to allow the writ appeal and set aside the order passed in
W.P(MD).No.9263 of 2022 on the file of this Court dated 05.05.2022.
For Appellant : Mrs.Porkodi Karnan
for M/s.Polax Legal Solutions
For R1 to R3 : Mr.S.Shaji Bino
Special Government Pleader
JUDGMENT
[Judgment of the Court was made by R.SURESH KUMAR, J.]
This writ appeal has been directed against the order of the learned
Single Judge, dated 05.05.2022, made in WP(MD) No.9263 of 2022.
2.Before the Writ Court, the order passed by the second respondent
dated 06.04.2022 was under challenge, whereby, the authority had
deputed/transferred the petitioner from Secondary Grade Teacher at
Panchayat Union Primary School, Maruthamputhur to Panchayat Union
Primary School at Balapathiramapuram.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.487 of 2022
3.The order impugned before the Writ Court was challenged on the
prime ground that, in the said order, there has been two references, one is
dated 15.03.2022 and another dated 30.03.2022, where, the District
Educational Officer, Sankarankovil, proceedings dated 15.03.2022 and the
explanation given by the petitioner, dated 30.03.2022 have been referred.
4.By citing these references, Mrs.Porkodi Karnan, learned counsel
for the appellant submitted that these two references related to some other
disciplinary proceedings initiated or to be initiated against the appellant.
Therefore, arising out of these disciplinary proceedings, if this transfer/
deputation order is made, it is a punitive transfer/deputation order.
Therefore, on that ground, the order impugned before Writ Court was
assailed.
5.We have gone through the order passed by the learned Single
Judge, which is impugned herein. Insofar as the impugned order before
the Writ Court i.e., the transfer/deputation order, dated 06.04.2022 is
concerned, merely because in the reference column, the proceedings of
District Educational Officer concerned as well as the explanation given by
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.487 of 2022
the petitioner are referred, it cannot be construed as an off shoot of the
disciplinary proceedings, but it can only be treated as a transfer/deputation
order simpliciter.
6.Therefore, the appellant cannot have any grievance that the order
dated 06.04.2022 was arising out of a punitive proceedings and therefore,
on that ground, he cannot successfully challenge the said order. In that
view of the matter, we do not find any infirmity or perversity attached with
the order passed by the learned Single Judge, which is impugned herein.
Hence, this Writ Appeal is liable to be rejected.
7.Accordingly, this Writ Appeal is dismissed. However, this order
shall not stand in the way of the employer/authority concerned to initiate
disciplinary action separately, in the manner known to law, if there are
grounds to do so. There shall be no order as to costs. Consequently,
connected CMP(MD) Nos.4505 and 4507 of 2022 are closed.
[R.S.K,J.] [R.V,J.]
26.05.2022
Index : Yes / No
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.487 of 2022
Internet : Yes / No
CP/RMK
To
1.The Chief Educational Officer,
Thenkasi.
2.The District Educational Officer,
Sankarankovil Educational District,
Sankarankovil,
Thenkasi District.
3.The Block Educational Officer,
Alangulam Block,
Thenkasi District.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.487 of 2022
R.SURESH KUMAR,J.
and
R.VIJAYAKUMAR, J.
RMK/CP
Order made in
W.A.(MD)No.487 of 2022
and
C.M.P.(MD)Nos.4505 and 4507 of 2022
Dated:
26.05.2022
https://www.mhc.tn.gov.in/judis
