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Madras High CourtWP/28310/2011dismissed

P.Subbuthai, v. The Commissioner Of Municipal

2023-08-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN P.Subbuthai ... Petitioner -VsThe Commissioner of Municipal Administration, Chepauk, Chennai-5.

... Respondent Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to transfer the petitioner to the integrated Chennai Corporation or to any of the Municipalities situated adjoining Chennai Corporation within a stipulated time.

For Petitioner : Mr.T.P.Prabakaran For Respondent : Mr.K.H.Ravi Kumar Government Advocate

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondent to transfer the petitioner to the integrated Chennai Corporation or to any of the Municipalities situated

adjoining Chennai Corporation within a stipulated time.

2. Heard both sides and perused the materials available on record.

3. The petitioner is working as Town Planning Officer in the Tamil Nadu Municipal Administration Department and thereafter, he was posted at Cuddalore Municipality. Due to her illness, she made a representation to transfer her to the integrated Chennai Corporation or any of the Municipalities situated adjoining Chennai Corporation.

4. A perusal of the counter filed by the respondent revealed that the petitioner had already suffered with several punishments as follows:- S.No Order Rule Punishment Awarded 1.

Roc.No.28826/2007/TP1 8(1) Increment stopped for a period of 2 years without cumulative effect 2.

Roc.No.25001/2007/OP3 8(1) Increment stopped for a period of 3 years without cumulative effect 3.

G.O.(D) No.480 MA& WS 8(2) Increment stopped for a period of 5 years with cumulative effect

5. Accordingly, she has to undergo punishment for about 10 years. Apart from that, there is another disciplinary case pending against her.

That apart, the petitioner cannot be transferred on her whims and fancies.

6. Therefore, the prayer sought for in this writ petition cannot be considered and this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs. 17.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn G.K.ILANTHIRAIYAN, J.

mn

To The Commissioner of Municipal Administration, Chepauk, Chennai-5.

17.08.2023