S.Murugan vs The General Manager
2024 Latest Caselaw 17660 Mad

Madras High Court

S.Murugan vs The General Manager on 5 September, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                          W.P(MD)No.23643 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED: 05.09.2024

                                                 CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                         W.P.(MD)No.23643 of 2023
                                                  and
                                        W.M.P(MD)No.19812 of 2023

                S.Murugan                                           ... Petitioner

                                                Vs.

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

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

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




https://www.mhc.tn.gov.in/judis
                1/4
                                                                               W.P(MD)No.23643 of 2023


                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
                20.09.2023 passed by the 1st Respondent and quash the same.


                                     For Petitioner      :    Mr.K.Guhan
                                     For Respondents     :  Mr.K.Ramaiah
                                                            Standing Counsel
                                                       *****

                                                      ORDER

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

transport corporation, challenging his order of transfer from Thoothukudi

Moffusil Branch to Sathankulam branch, primarily on the ground that when a

charge memo has been issued to the writ petitioner on 15.09.2023, the present

impugned order has been passed on 20.09.2023, 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 a 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.

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

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

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.

05.09.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

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

R.VIJAYAKUMAR, J.

RJR

and

05.09.2024

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