K.Djeacandane v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.9827 of 2021 K.Djeacandane, S/o.Krishnan, K.J.Illam, Thirukanchi Road, Pudhu Nagar-3, Kanuvapet, Villianur Post, Puducherry - 605 110.
... Petitioner Vs 1.The Secretary to Government, Department of Personnel and Administrative Reforms (Personnel Wing), Chief Secretariat, Beach Road, Government of Puducherry, Puducherry - 605 001.
2.The Programme Officer, Directorate of Women and Child Development, Government of Puducherry, Puducherry - 605 013.
3.The Senior Account Officer, Government of Puducherry, Department of Women and Child Development, Puducherry - 605 013.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the concern records relating to the order dated 04.-3.2021 in O.A.No.207 of 2021 passed by the Central Administrative Tribunal, Chenni Bench and quash the same and allow the O.A.
For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.Syed Mustafa Special Government Pleader Pondicherry
O R D E R
(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference".
2. This writ petition has been filed for a Writ of Certiorarified Mandamus to call for the records relating to the order dated 04.3.2021 in O.A.No.207 of 2021 passed by the Central Administrative Tribunal, Chennai Bench.
3. The petitioner who is working as a Multi Tasking Staff Security, General, ICDS, Project -IV, Muthialpet, Department of Women and Child Development, Puducherry, has been transferred to Mahe. The said order was challenged unsuccessfully before the Tribunal. Against the said order, the present writ petition has been filed.
4. Heard, Mr.M.Gnanasekar, learned counsel appearing for the petitioner and Mr.Syed Mustafa, learned Special Government Pleader, Pondicherry, appearing on behalf of the respondents.
5. A perusal of the charge memo issued to the petitioner would disclose that the petitioner had violated the Model ode of Conduct by canvassing in support of a political Party through Social Media (Facebook) in General Election to Loksabha, 2019. It is a serious misconduct and based on that only, the petitioner was transferred. Moreover, the petitioner undertook to join in the transferred place. Therefore, the Tribunal has rightly dismissed the petition.
6. This Court does not find any merit in the writ petition. The petitioner is directed to join the place of transfer, within a period of two weeks from the date of receipt of a copy of this order.
7. Accordingly, this Writ Petition is dismissed. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
ub/sai To 1.The Secretary to Government, Department of Personnel and Administrative Reforms (Personnel Wing), Chief Secretariat, Beach Road, Government of Puducherry, Puducherry - 605 001.
2.The Programme Officer, Directorate of Women and Child Development, Government of Puducherry, Puducherry - 605 013.
3.The Senior Account Officer, Government of Puducherry, Department of Women and Child Development, Puducherry - 605 013.
+1cc to the Government Pleader Sr.25051 W.P.No.9827 of 2021 mg[co] srg 29/06/2021