Madras High Court
K.Krishnan vs The Director Of Collegiate ... on 19 October, 2023
W.P.(MD).No.20678 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.20678 of 2023
and
W.M.P(MD) Nos.17108 and 20194 of 2023
K.Krishnan ... Petitioner
Vs.
1. The Director of Collegiate Education (FAC)
Institute of Advanced Study in Education Campus,
577, Anna Salai,
Saidapet,
Chennai – 15.
2. The Regional Joint Director of Collegiate Education,
Office of the Regional Joint Director of Collegiate Education,
Madurai Region,
Madurai District.
3. The Principal,
Raja Doraisingam Government Arts College,
Sivagangai,
Sivagangai District.
4. Mr.K.Duraiarasan
The Principal,
Raja Duraisingam Government Arts College,
Sivagangai,
Sivagangai District. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20678 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari to call for the records
pertaining to the impugned order in Na.Ka.No.1790/T2/2023, dated
21.08.2023 on the file of the first respondent and quash the same as illegal.
For Petitioner : Mr.T.Aswin Rajasimman
For M/s.Lajapathi Roy and Associates
For Respondents : Mr.V.Omprakash
Government Advocate
For R1 and R2
ORDER
The present Writ Petition has been filed by the head of the Economic
Department of the Government Arts College at Sivagangai challenging the
order of transfer, dated 21.08.2023.
2. The said transfer order has been challenged on the ground that it is
punitive in nature.
3. A perusal of the impugned order indicates that the writ petitioner has
been transferred from Arts College at Sivagangai to another Arts College at
Coodalore. The impugned order further points out that transfer has been
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W.P.(MD).No.20678 of 2023
effected due to the fact that the writ petitioner had induced caste division
among the faculty members and the students and a complaint has been lodged
by the Principal to the first respondent.
4. Therefore, it is clear that the order impugned in the writ petition
makes a serious allegation as against the writ petitioner and it is punitive in
nature.
5. On 18.10.2023, this Court had instructed the respondents herein to
explore the possibility of recalling the present order and posted the matter
today i.e., on 19.10.2023, at 2.15 p.m. On instructions, the learned
Government Advocate appearing for the respondents 1 and 2 submits that
orders may be passed on merits.
6. The judgment of the Hon'ble Supreme Court reported in (2009) 2
SCC 592 (Somesh Tiwari Vs.Union of India and others) in paragraph No.16
has held as follows:
“16. Indisputably an order of transfer is an
administrative order. There cannot be any doubt
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W.P.(MD).No.20678 of 2023
whatsoever that transfer, which is ordinarily an
incident of service should not be interfered with,
save in cases where inter alia mala fide on the
part of the authority is proved. Mala fide is of two
kinds - one malice in fact and the second malice
in law. The order in question would attract the
principle of malice in law as it was not based on
any factor germane for passing an order of
transfer and based on an irrelevant ground i.e. on
the allegations made against the appellant in the
anonymous complaint. It is one thing to say that
the employer is entitled to pass an order of
transfer in administrative exigencies but it is
another thing to say that the order of transfer is
passed by way of or in lieu of punishment. When
an order of transfer is passed in lieu of
punishment, the same is liable to be set aside
being wholly illegal.”
7. In view of the above said reasons, the impugned transfer order in the
writ petition is hereby set aside. However, the authorities are at liberty to
proceed further in accordance with law.
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W.P.(MD).No.20678 of 2023
8. With the above said observations, this writ petition stands allowed.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petitions are closed.
19.10.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Director of Collegiate Education (FAC)
Institute of Advanced Study in Education Campus,
577, Anna Salai,
Saidapet,
Chennai – 15.
2. The Regional Joint Director of Collegiate Education,
Office of the Regional Joint Director of Collegiate Education,
Madurai Region,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20678 of 2023
R.VIJAYAKUMAR,J.
ebsi
W.P(MD)No.20678 of 2023
19.10.2023
https://www.mhc.tn.gov.in/judis
