Albert Stephen Devaraj v. Secretary, Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.A. No.727 of 2015 and M.P. No.1 of 2015 Albert Stephen Devaraj Appellant Vs.

The Secretary Education Department State of Tamil Nadu Secretariat Fort St. George Chennai 600 009 The Registrar In-Charge of Annamalai University Annamalai nagar Chidambaram 608 002 The Administrator Annamalai University Annamalai Nagar Chidambaram 608 002 Sivadas Meena Annamalai University Annamalai Nagar Chidambaram 608 002 Respondents Writ Appeal filed under Clause 15 of the Letters Patent challenging the order dated 13.04.2015 made in W.P. No.23762 of 2013 on the file of this Court. Praying for issue of writ of certiorari to call for the records relating to order No.777/2013 (C3) dated 03/08/2013 issued by the 2nd respondent and quash the same.

For appellant : Mr. P.V.S. Giridhar For R1 : Mr. K. Karthikeyan Government Advocate

JUDGMENT

(Judgment of the Court was delivered by SATISH K. AGNIHOTRI, J.) The instant intra-Court appeal arises from the order dated 13.04.2015 made in W.P. No.23762 of 2013.

The learned counsel appearing for the appellant would submit that the impugned order of transfer of the appellant dated 03.08.2013 was passed in mala fide exercise of power, which deserves to be quashed.

It is true that the employer has right to place an employee at appropriate place in administrative exigency and public interest. However, if the order passed is mala fide, the same is liable to be quashed. Looking into the facts of the case, the impugned transfer order was passed on 03.08.2013 and almost, twenty months have passed. Thus, without examining the case on merit and the facts of the case, as directed by the learned Single Judge, the respondent University shall consider the appellant's plea/representation for transfer and pass orders. However, rejoining at the transferred place may not be insisted before considering the said representation of the appellant.

The writ appeal is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /true copy/ Sub-Assistant Registrar usk/cad

To The Secretary Education Department State of Tamil Nadu Secretariat Fort St. George Chennai 600 009 The Registrar In-Charge of Annamalai University Annamalai Nagar Chidambaram 608 002 The Administrator Annamalai University Annamalai Nagar Chidambaram 608 002 +1 CC to Govt Pleader in SR.No.24737 CO-LRS JD 19/05/2015 W.A. No.727 of 2015 and M.P. No.1 of 2015 30.04.2015