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Madras High CourtWP/48154/2006closed

Sait v. The Director General Of

2019-01-24Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.01.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos. 48154, 48156 & 48157 of 2006 and W.M.P.Nos.1 & 2, 1 & 2, 1 & 2/06 and 1 &1 of 2007 1 & 2, 1 & 2, 1& 2 & 1 & 1 of 2007 Sait ..Petitioner in W.P.No.48154 of 2006 Nagarajan ..Petitioner in W.P.No.48156 of 2006 Sethupathy ..Petitioner in W.P.No.48157 of 2006 -Vs1. The Director General of Police Chennai-4.

2. The The Superintendent of Police, Nagapattinam District

...Respondents

Prayer in W.P.No.48154 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the respondents in connection with the impugned order passed by the 2nd respondent in D.O.No.1351/2006 C.No.A2/28436/2006 dated 30.11.2006 and quash the same.

Prayer in W.P.No.48156 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the respondents in connection with the impugned order passed by the 2nd respondent in D.O.No.1350/2006 C.No.A2/28554/2006 dated 30.11.2006 and quash the same .

Prayer in W.P.No.48157 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the respondents in connection with the impugned order passed by the 2nd respondent in D.O.No.1351/2006 C.No.A2/28436/2006 dated 30.11.2006 and quash the same.

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For Petitioner : Mr.Muthappan in all WPs For Respondents: Mr.G.B.Rajesh, GA in all WPs

O R D E R

All these writ petitions are filed challenging the order of administration issued transferring the writ petitioner.

2. Transfer is an incidental to service, more so condition of service. The public servant can be transferred once in three years as per the transfer policy of the State Government as of now.

3. This apart, administrative transfers can be issued at any point of time, if an administrative exigency arises. An order of transfer can be challenged only on limited grounds and the place and post can never be seen as a matter of right by the Government Employee by taking recourse to the legal proceedings.

4. These Writ petitions filed during the year 2006, challenging the order of transfer deserve no further consideration, as the writ petitioners had continued beyond the period of 3 years and therefore, the writ petitions stand closed. Consequently, connected miscellaneous petitions also are closed. No costs.

ska Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Director General of Police Chennai-4.

2. The The Superintendent of Police, Nagapattinam District +1cc to Mr.M.Muthappan Advocate, SR.No.6421 +1cc to the Govt.Pleader, Vide Sr.No.6502 W.P.Nos. 48154, 48156 & 48157 of 2006 W.M.P.Nos.1 & 2, 1& 2 & 1 & 2 of 2006 & 1 & 1 of 2007 Kak(23/04/2019) https://hcservices.ecourts.gov.in/hcservices/