Madras High Court
D.Bhuvana vs The Chief Educational Officer on 9 October, 2023
Writ Appeal No.3398 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09.10.2023
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
Writ Appeal No.3398 of 2019
and C.M.P.No.21853 of 2019
D.Bhuvana
W/o.G.Kuppusamy ... Appellant
Vs
1. The Chief Educational Officer,
Vellore District, Vellore.
2. The District Educational Officer,
Vellore District, Vellore.
3. The Headmaster,
Government Girls Higher Secondary School,
Poigai, Vellore District. ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set
aside the order dated 04.09.2019 made in W.P.No.26473 of 2019.
For Appellants : Mr.T.P.Prabakaran
For Respondent : Mr.M.Murali,
Government Advocate
https://www.mhc.tn.gov.in/judis
Page No.1/4
Writ Appeal No.3398 of 2019
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR,J.)
This writ appeal had been directed against the order passed in
W.P.No.26473 of 2019 dated 04.09.2019.
2. Heard Mr.T.P.Prabakaran, learned counsel appearing for the
appellant and Mr.M.Murali, learned Government Advocate appearing for
the respondents.
3. As against the order of transfer dated 28.08.2019, the appellant
filed writ petition in W.P.No.26473 of 2019, which was heard and
dismissed by the learned Judge by an order dated 04.09.2019, which is
impugned herein.
4. We have gone through the order passed by the learned Judge.
Insofar as the order of transfer is concerned, which is one of the
conditions of any employee especially a Government employee. When
that being so, the transfer can be challenged only against malafide and
https://www.mhc.tn.gov.in/judis
Page No.2/4
Writ Appeal No.3398 of 2019
not as a course. Therefore, such a challenge, when it is made, the Court
will look into, whether there has been a proof of malafide, without
which, normally the Court would not interfere with the order of transfer.
5. The present case also since there has been no such malafide
alleged, had it been alleged, the person against whom such malafide
alleged, could have been impleaded as party respondent in person and
that has also not been done by the writ petitioner/appellant. Therefore,
the justification on the part of the Writ Court to reject the writ petition
through the impugned order, which in the considered opinion of us, does
not require any interference of this Court.
Hence, this writ appeal stands dismissed. No costs. Connected
miscellaneous petition is closed.
(R.S.K.,J.) (C.K., J.)
09.10.2023
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No
mp
https://www.mhc.tn.gov.in/judis
Page No.3/4
Writ Appeal No.3398 of 2019
R.SURESH KUMAR., J.
and
C.KUMARAPPAN.,J.
mp
To
1. The Chief Educational Officer,
Vellore District, Vellore.
2. The District Educational Officer,
Vellore District, Vellore.
3. The Headmaster,
Government Girls Higher Secondary School,
Poigai, Vellore District.
Writ Appeal No.3398 of 2019
09.10.2023
https://www.mhc.tn.gov.in/judis
Page No.4/4
