K.Saravanan v. The Senior Regional Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.10.2020
CORAM
THE HONOURABLE THIRU JUSTICE V. PARTHIBAN W.P.Nos.14457, 14462 & 14466 of 2020 & W.M.P.Nos.17944, 17945, 17947, 17948, 17952 & 17953 of 2020 K.Saravanan
...Petitioner in W.P.No.14457/2020
G.Senthil Kumar
...Petitioner in
W.P.No.14462/2020 G.Kumar
...Petitioner in W.P.No.14466/2020
Vs.
1. The Senior Regional Manager, TASMAC Ltd., Salem.
2. The District Manager, TASMAC Ltd., Thiruvannamalai.
...Respondents in all the WPs
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records pertaining to impugned order in Se.Mu.No.7/2020/A, dated 17.09.2020 passed by 1st respondent and quash the same.
For Petitioner : Mr.P.Ganapathy For Respondents : Mr.P.Arumugarajan Standing Counsel ...in all WPs COMMON ORDER These writ petitions are filed for the following prayer; "To call for the records pertaining to impugned order in Se.Mu.No.7/2020/A, dated 17.09.2020 passed by 1st respondent and quash the same."
2.Learned counsel for the petitioners submit that the order passed by this Court in identical cases in W.P.No.905 of 2020
etc., batch, dated 08.10.2020, holds good for these writ petitions also.
3.The operative portion of the order passed in W.P.No.905 of 2020 etc., batch, dated 08.10.2020 is extracted hereunder; "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 view of the above, these writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Senior Regional Manager, TASMAC Ltd., Salem.
2. The District Manager, TASMAC Ltd., Thiruvannamalai.
+1cc to Mr.P.Ganapathy, Advocate, S.R.No.33380 W.P.No.14457, 14462 & 14466 of 2020 SSI(CO) RV(18/11/2020)