P.Velu v. The District Manager / Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2020
CORAM
THE HONOURABLE Mr. JUSTICE P.VELMURUGAN W.P.No.14577 of 2020 and W.P.M.P.Nos.18071 and 18074 of 2020 P.Velu
...Petitioner
Versus
The District Manager/Sub Collector, Tasmac Limited, Thiruvallur (East) District.
... Respondent Prayer: The Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari to call for the records on the file of the respondent in Ref. br/K/f/vz; m1-0386-2020 ehs; 21/09/2020 and quash the same and pass suitable orders.
For Petitioner : Mr.D.Bharathy For Respondents : Mr.K.Sathish Kumar Standing Counsel
O R D E R
Mr.K.Sathish Kumar, learned Standing counsel takes notice for the respondent. By consent of both the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. The prayer sought for in this writ petition is for a issuance of writ of certiorari to quash the transfer order passed by the respondent in proceedings in Ref. br/K/f/vz; m10386-2020 dated 21.09.2020.
3. It is submitted by the learned Standing Counsel appearing for the respondent that the issue involved in this writ petition is squarely covered by the order passed by this Court in a batch of writ petitions in W.P.No.905 of 2020 etc., dated 08.10.2020, which reads as follows:
"...7. This Court is unable to comprehend as to how these transfer orders can be successfully questioned by these petitioners. All that the Corporation has done is to relocate the petitioners to a different Shop /Outlet or a Depot in the interest of overall administration of the Corporation in order to minimise the effect of frequent malpractices indulged in by the vast majority of the employees. Such initiative by the Corporation and resorting to the present transfers cannot be assailed as being punitive in nature, calling for interference with the orders. In fact, this Court is of the view that the Corporation has been treating these violators with needless leniency and relocating them only to a nearby Shop or Depot within the same region.
Therefore, the petitioners cannot have any cause for complaint at all against the impugned action of the Corporation. Further, the petitioners who were found to have violated the M.R.P., norms and made illegal revenue out of it cannot have any legitimate cause for approaching this Court questioning the transfer orders. It is always open to the respondent TASMAC to take effective initiative in order to infuse discipline among its employees and prevent them from the recurring acts of malpractices. Confronted with large scale acts of misconduct by the employees across the State, the minimum deterrent action the Corporation could take is the transfer of the employees concerned as a warning preceding a impending serious action.
If such deterrent action is to be interfered by this Court, it could only lead to proliferation of malpractices undermining public interest at large. Such mass transfers in public interest with a view to arrest the repeated subversion of discipline by the vast majority of the employees ought not to be interfered with as being punitive. On the other hand, such transfers are impelled by administrative necessity to bring about a semblance of orderliness in the affairs of the Corporation vis-a-vis its employees.
8. Therefore, this Court considers that all these writ petitions are devoid of merits and hence the same are dismissed.
No costs.
Consequently, connected miscellaneous petitions are also dismissed."
4. In the light of the above submissions made by the learned Standing Counsel appearing for the respondent, this Court is of the considered opinion that the order passed in the above writ petition is squarely applicable to the facts of the present case also. Hence, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ms To The District Manager/Sub Collector, Tasmac Limited, Thiruvallur (East) District.
W.P.No.14577 of 2020 and W.P.M.P.Nos.18071 and 18074 of 2020 MG(CO) RMP(19/11/2020)