S.Nageshwaran v. The Superintendent Of Police,

`IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 07.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM WRIT PETITION.No.17279 of 2017 and W.M.P.Nos.18777 & 18778 of 2017 S.Nageshwaran ... Petitioner Vs

1. The Superintendent of Police, Nagapattinam District.

2. The Deputy Inspector General of Police, Thanjavur Collectorate Office, Thanjavur-613 001.

3. The Inspector General of Police, TVS Toll Gate Road, Jamal Mohamed College, Trichy-620 020. ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a Writ of certiorarified Mandamus calling for the records relating to the impugned proceedings of the first respondent in D.O. No. 315/2017 dated 05.06.2017, and quash the same as arbitrary exercise of power, illegal and non application of mind and further direct the first respondent to consider and pass orders on the petitioner's representation dated 16.06.2017 in accordance with law, within any prescribed period of time.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.S.Gunasekaran, Additional Government Pleader

ORDER

The challenge in this writ petition is the order of transfer issued by the respondents on 5th June 2017, transferring the writ petitioner from Poraiyar PS to Vedaranyam PS.

2. On perusal of the impugned order of transfer, this Court is able to find out that the Transfer Committee constituted for the purpose of undertaking the transfers decided to transfer about 285 police personnel in various places within the district.

3. In view of the recommendations of the Transfer Committee, the impugned order of transfer was issued, transferring the writ petitioner from Poraiyur PS to Vedaranyam PS. The writ petitioner is working as a constable in Armed Reserved Police under the control of the respondents. Transfer is an incidental to service and the writ petitioner has no right to claim any post or place at his choice. Any public servant transferred on administrative grounds has to accept the same. If at all there is any grievance, the same is to be addressed only through the Authorities Competent to reconsider the transfer order.

4. This Court cannot consider such sympathetic submissions made by the writ petitioner, more specifically, when the transfer is effected by the Transfer Committee and further, the writ petitioner is working in the uniformed forces. The discipline in the uniformed forces is far most important and it is for the Authority Competent to take into consideration all the aspects and effect transfers.

5. This Court is not in a position to appreciate the contentions raised in the writ petition and all the grievances of the writ petitioner have to be addressed only to the Authorities competent and thus, this Court is not inclined to consider the grounds raised in this writ petition.

6. Accordingly, the writ petition stands dismissed. However, there is no order as to costs. Consequently connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sji/maya

To

1. The Superintendent of Police, Nagapattinam District.

2. The Deputy Inspector General of Police, Thanjavur Collectorate Office, Thanjavur-613 001.

3. The Inspector General of Police, TVS Toll Gate Road, Jamal Mohamed College, Trichy-620 020.

+1cc to Mr.R.Venkatesan, Advocate, S.R.No.47608 +1cc to the Government Pleader, S.R.No.48096 W. P. No.17279 of 2017 CS/21/07/17