S.Thangaraj vs The General Manager
2024 Latest Caselaw 17542 Mad

Madras High Court

S.Thangaraj vs The General Manager on 4 September, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                                      W.P(MD)No.19249 of 2023


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 04.09.2024

                                                         CORAM

                                    THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                               W.P.(MD)No.19249 of 2023
                                                        and
                                              W.M.P(MD)No.15944 of 2023

                S.Thangaraj                                          ... Petitioner
                                                       Vs.

                1.The General Manager,
                Tamil Nadu State Transport Corporation
                (Tirunelveli) Limited,
                Tirunelveli Region,
                Tirunelveli.

                2.The Branch Manager,
                Tamil Nadu State Transport Corporation
                (Tirunelveli) Limited,
                Vilathikulam Branch, Vilathikulam,
                Thoothukudi District.

                3.The Branch Manager,
                Tamil Nadu State Transport Corporation
                (Tirunelveli) Limited,
                Thiruchendur Branch, Thiruchendur,
                Thoothukudi District.                                ... Respondents
                PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to
                issue a writ of Certiorari, calling for the records pertaining to the impugned
                order        of   transfer   in   A.Aa.No.10360/Nia5/ThaAPoKa./Thili/2022             dated
                20.07.2023 passed by the 1st respondent and quash the same.


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                                                                                 W.P(MD)No.19249 of 2023




                                  For Petitioner    :    Mr.K.Guhan

                                  For Respondents   :  Mr.D.Jebaraj
                                                       Standing Counsel
                                                    *****

                                                        ORDER

The instant writ petition has been filed by a Driver of the respondent

transport corporation, challenging his order of transfer from Vilathikulam branch

to Tiruchendur branch, primarily on the ground that when a charge memo has

been issued to the writ petitioner on 06.07.2023, the present impugned order has

been passed on 27.07.2023, and therefore, it is a punitive transfer.

2.The judgment of the Hon'ble Supreme Court of Registrar General

Vs. R.Pevachi reported in 2011 (12) SCC 137, in paragraph No.36, has held that

whenever complaints are received as against the concerned employee and

departmental proceedings are initiated, the transfer is effected by the

management, the said transfer can never be considered to be punitive in nature.

The judgment of the Hon'ble Division Bench of our High Court of Secretary to

Government v. Dr.S.Raja Rajan reported in 2015 (3) MLJ 769 in paragraph No.

6, has categorically held that on account of inefficiency of a Government

servant, the Government is competent to transfer and the same cannot be

https://www.mhc.tn.gov.in/judis

considered to be punitive in nature. In the present case, merely because the

charge memo has been issued to the writ petitioner, unless the same is reflected

in the order of transfer, the same cannot be considered to be punitive in nature.

3.In the view of the above submissions, there are no merits in the writ

petition. Accordingly, this writ petition stands dismissed. No costs.

Consequently, connected miscellaneous petition is also closed.

04.09.2024

NCC : Yes/No Index : Yes/No Internet: Yes/No

RJR

https://www.mhc.tn.gov.in/judis

R.VIJAYAKUMAR, J.

RJR

and

04.09.2024

https://www.mhc.tn.gov.in/judis