B.Paramasivan vs The General Manager
2024 Latest Caselaw 17546 Mad

Madras High Court

B.Paramasivan vs The General Manager on 4 September, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 04.09.2024

                                                       CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                          W.P.(MD)No.21120 of 2023
                                                   and
                                         W.M.P(MD)No.17526 of 2023

                B.Paramasivan                                     ... 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,
                Papanaam Branch,
                Papanasam, Tirunelveli District.

                3.The Branch Manager,
                Tamil Nadu State Transport
                Corporation(Tirunelveli) Limited,
                Thiyasanvilai Branch,
                Thiyasanvilai, Tirunelveli District.              ...Respondents


                PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to
                issue a writ of Certiorari, to calling for the records pertaining to the impugned


                1/4
https://www.mhc.tn.gov.in/judis
                order        of    Transfer   passed       by    the   1st     respondent     in   A.Aa.No.
                10376/Niya5/Tha.A.Po.Ka./Thili/2022,               dated     27.07.2023,    transferring   the
                petitioner to Papanasam to Thiyasanvilai Branch of the 1st respondent
                corporation and quash the same.


                                  For Petitioner       :        Mr.K.Guhan

                                  For Respondents      :        Mr.K.Ramaiah
                                                                Standing Counsel for R1 to R3

                                                       *****


                                                            ORDER

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

transport corporation, challenging his order of transfer from Papanasam branch

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

been issued to the writ petitioner, 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, and the transfer is effected by the

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

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

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