K.Selvaraju v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2018 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.15645 of 2017 and W.M.P.No.16935 of 2017 K.Selvaraju

...Petitioner

Vs.

1.The District Collector Ariyalur District, Ariyalur.

2.The Assistant Director (Panchayat) Collectorate, Ariyalur Ariyalur, Ariyalur District.

3.The Personal Assistant to the District Collector (Panchayat Development), Collectorate Ariyalur, Ariyalur District.

4.M.Seeman 5.The Block Development Office Village Panchayat, Anidimadam Panchayat Union Andimadam, Ariyalur District.

... Respondents Prayer : The writ petition 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 passed by the Fifth Respondent in his proceedings Na.Ka.No.Aa2/1121/2017 dated 09.06.2017 and quash the same.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.T.M.Pappiah Special Govt. Pleader [For R1 to R3] Mr.P.Paramasivadas for Mr.J.Pradeep [For R4] Mr.R.S.Selvam [For R5]

O R D E R

The order of transfer issued by the Fifth Respondent/Block Development Officer, Village Panchayat, Andimadam Panchayat Union, Andimadam, Ariyalur District in proceedings dated 09.06.2017 is under challenge in this Writ Petition.

2.The Writ Petitioner has filed this Writ Petition challenging the order of transfer in his capacity as the President of Devanur Panchayat, Devanur Post, Udayarpalayam Taluk, Ariyalur District.

3.The grievances of the Writ Petitioner is that the Fourth Respondent cannot be transferred as Panchayat Secretary in respect of Devanur Panchayat Union.

4.The Writ Petitioner though has given some reasons against the Fourth Respondent for not posting him in respect of Devanur Panchayat, this Court is of an opinion that the Writ Petitioner has no locus-standi to challenge the order of transfer issued in favour of the Fourth Respondent. The Writ Petitioner in his capacity as a President cannot challenge the order of an administrative transfer issued by the Fifth Respondent/Block Development Officer. It is not the choice of the Writ Petitioner to have the employees in Panchayat and if at all any complaints or otherwise, the Writ Petitioner can raise some objections before the appropriate authorities concerned. 5.

The learned counsel appearing on behalf of the Fifth Respondent states that on account of certain allegations against the Fourth Respondent, the Fifth Respondent issued a charge memo is also pending against the Fourth Respondent. 6.It is made clear that the charge memo issued to be proceeded with and an enquiry to be conducted and accordingly, appropriate orders will be passed. The disciplinary proceedings initiated against the Fourth Respondent is no way connected with the order of transfer, which is incidental to service and therefore, the Petitioner cannot challenge the order of transfer issued in favour of the Fourth Respondent and the Writ Petitioner cannot be said to be an aggrieved person, so as to entertain this Writ Petition.

7.This apart the Writ Petitioner seems to be President of the Devanur Panchyat Union and he was relieved from the post of President. This being the factum of the case, no further consideration is required in respect of the grounds raised in the Writ Petition.

8.Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar maya To 1.The District Collector Ariyalur District, Ariyalur.

2.The Assistant Director (Panchayat) Collectorate, Ariyalur Ariyalur, Ariyalur District.

3.The Personal Assistant to the District Collector (Panchayat Development), Collectorate Ariyalur, Ariyalur District.

4.The Block Development Office Village Panchayat, Anidimadam Panchayat Union Andimadam, Ariyalur District.

+ 1 cc to Mr. J.Pradeep, Advocate SR.56480 + 1 cc to Mr.Government Pleader Sr.56408 W.P.No.15645 of 2017 (CS-IX) EU(07/09/2018)