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Madras High CourtWP/1533/2016disposed of

Mr.K.Arumugam, v. The General Manager,

2016-01-19Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.1533 of 2016 and WMP.No.1307 of 2016 K.Arumugam .. Petitioner Vs.

1.The General Manager, (Coimbatore) Limited, Coimbatore-43.

2.The Divisional Manager, Technical, Tamil Nadu state Transport Corporation (Coimbatore) Ltd., Tiruppur.

3.The Branch Manager, (Coimbatore) Ltd., Palani-I Branch, Palani.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the entire records relating to the impugned order dated 26.12.2015 passed by the first respondent in proceeding 5620/E3A/Pathu 1/Tha.A.Poka (Ko)/15 and quash the same. For Petitioner : Mr.L.Mouli For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself. Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who accepts notice on behalf of the respondents.

2.Challenging the order of transfer made by the first respondent in 5620/R3A/Pathu1/Tha.A Po.Ka(Ko)/15 dated 26.12.2015, the present writ petition has been filed by the petitioner.

3.The learned counsel for the petitioner would submit that the petitioner made a complaint against the respondents 2 & 3 on 17.12.2015, subsequently, the impugned order was passed transferring the petitioner from Palani to Tiruppur. 4.Heard Mr.L.Mouli, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader for the respondents.

5.It is well settled law, that the order of transfer cannot be questioned, unless it is established by the petitioner with proof that the order is vitiated by mala-fides. Though the petitioner has claimed that he made a complaint on 17.12.2015 against the respondents 2 and 3, that cannot be a ground to quash the impugned order. Since I do not find any merits in the writ petition, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is also closed. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The General Manager, (Coimbatore) Limited, Coimbatore-43.

2.The Divisional Manager, Technical, Tamil Nadu state Transport Corporation (Coimbatore) Ltd., Tiruppur.

3.The Branch Manager, (Coimbatore) Ltd., Palani-I Branch, Palani.

+1cc to M/S.L.Mouli, Advocate Sr.3154 W.P. No.1533 of 2016 and WMP.No.1307 of 2016 ug[co] srg 24/02/2016