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Madras High CourtWP/7211/2024dismissed

J.Krishnakumar v. The Chairman Tangedco

2024-03-20Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.7211 of 2024 and W.M.P.No.8056 of 2024 J.Krishnakumar ....

Petitioner Vs

1. The Chairman, TANGEDCO, NKPKRR Maaligai, 144, Anna Salai, Chennai-600 002.

2. The Chief Engineer (Personnel), TANGEDCO, NKPKRR Maaligai, 144, Anna Salai, Chennai-600 002.

3. The Superintending Engineer, Chennai EDC/South-II, K.K.Nagar, Chennai.

4.The Superintending Engineer, Chengalpattu EDC, Chengalpattu.

5.Venugopal Administrative Supervisor, O/o. Superintending Engineer, Chennai EDC/South-II, K.K.Nagar, Chennai.

.....

Respondents 1/5

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records Memo No.013015/G.52/G.522t/2024 dated 06.03.2024 on the file of the 2nd respondent and quash the same.

For Petitioner : Mr.B.Manoharan For R1 to R4 : Mr.David Sundar Singh, Standing Counsel

ORDER

This Writ Petition has been filed challenging the order of transfer dated 06.03.2024 passed by the second respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents 1 to 4 and perused the materials available on record.

3. The petitioner was working as Assistant Selection Grade in the office of the third respondent. The petitioner was served with a charge memo dated 05.04.2023. Subsequently, another set of charge memo was served on the petitioner on 28.02.2024. Thereafter, the petitioner was transferred on 06.03.2024 to Chengalpattu Electricity Distribution Circle on Administrative Grounds. Hence, this writ petition. 2/5

4. The learned counsel appearing for the petitioner would submit that the order of transfer is punitive in nature. After serving the charge memo, now the petitioner has been transferred to another place. The transfer order has been passed in the middle of the academic year. His children are studying in school and therefore, he cannot shift his residence to the transferred place. That apart, now the petitioner has been selected as Election Officer to look after the election duty.

5. The learned Standing Counsel appearing for the respondents would submit that the petitioner was deemed to be relieved on 07.03.2024 and he was directed to report to duty in the transferred place. However, so far the petitioner did not report to duty in the transferred place.

6. A perusal of the charge memo consisting five charges reveals that he used to quarrel with his colleagues and also ill-treat them. He used to talk in filthy language and he refused to receive letters. Apart from the said allegations, other allegations were also levelled as against the petitioner. Now the petitioner has been transferred only from Chennai South to Chengalpattu Electricity Distribution Circle. 3/5

Therefore, this Court finds no infirmity or illegality in the order passed by the second respondent. Thus, the writ petition is devoid of merits and is liable to be dismissed.

7. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs. 20.03.2024 Internet : Yes/No Index:Yes/No Speaking Order/Non Speaking Order Lpp To

1. The Chairman, TANGEDCO, NKPKRR Maaligai, 144, Anna Salai, Chennai-600 002.

2. The Chief Engineer (Personnel), TANGEDCO, NKPKRR Maaligai, 144, Anna Salai, Chennai-600 002.

3. The Superintending Engineer, Chennai EDC/South-II, K.K.Nagar, Chennai.

4.The Superintending Engineer, Chengalpattu EDC, Chengalpattu.

4/5

G.K.ILANTHIRAIYAN, J.

Lpp W.P.No.7211 of 2024 20.03.2024 5/5