G.Prema v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN AND WMP NO. 23181 OF 2025,WMP NO. 23182 OF 2025 G.Prema W/o. Late N. Panneerselvam, Amman Koil Street, Koranattukaruppur Post, Kumbakonam Taluk, Thanjavur District 612501.
Petitioner(s) Vs
1. The Director General of Police Head of Police Force, Mylapore, Chennai-600 004.
2.The Inspector General of Police (Administration) Mylapore, Chennai 600 004.
3.The Deputy Inspector General of Police Trichy Range, Trichy.
4.The Superintendent of Police,
District Police Office Ariyalur, Ariyalur District.
Respondent(s) PRAYER: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order issued by the 4th respondent in proceedings D.O. No.315/2025 C.No.A2/9092/2025 dated 29.05.2025 and to quash the same to the extend it transfers the petitioner from Ariyalur to Police Telecommunication Branch, Chennai and to consequently direct the respondents to post the petitioner in Ariyalur District Police Office. For Petitioner(s):
M/s.R.Prem Narayan For Respondents:
Mr.G.Nanmaran, Special Government Pleader
ORDER
Challenging the order dated 29.05.2025 passed by the 4 th respondent, the petitioner had filed the present writ petition.
2. Mr.G.Nanmaran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent of the parties, the main writ petition is
taken up for disposal at the time of admission stage itself.
3. The learned counsel for the petitioner would submit that due to some derelictions of duty on the part of the petitioner, the petitioner was suspended and after revocation of suspension, the charge memo was issued to the petitioner and was transferred to Chennai. It is the specific submission of the petitioner along with the petitioner two other employees were suspended. Though the two employees were suspended, they have been transferred within the Trichy District, whereas, the petitioner has been transferred to Police Telecommunication Branch, Chennai. Hence, he prayed to interfere with the same.
4. Mr.G.Nanmaran, learned Special Government Pleader appearing for the respondents strongly opposed the contention made by the learned counsel for the petitioner and submitted that the transfer is incidence of service and only on the administrative ground, the petitioner was transferred to Police Telecommunication Branch, Chennai. It is the further submission of the Special
Government Pleader, the presence of petitioner at the place of Ariyalur would hamper the enquiry and that there is no ground to interfere with the transfer order.
5. I have given my anxious consideration to the submission made by the learned counsel on either side, and perused the materials available on record.
6. It is well settled principle of law, the transfer is incidence of service and furthermore unless the transfer is mala fied and vindictive, the same cannot be interfered with.
7. In the case on hand, only in order to have fair enquiry, the petitioner seems to have been transferred to Chennai. Therefore, this Court does not find any merit in the present writ petition. However, it is made clear that if the petitioner is willing to give any representation to the respondents, the petitioner is at liberty to give the same. If such representation is received, the respondents is directed to dispose of the same on its own merits and in accordance with law,
within a period of six (6) weeks thereafter.
8. With the above directions, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 12-06-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The Director General of Police Head of Police Force, Mylapore, Chennai-600 004.
2.The Inspector General of Police (Administration) Mylapore, Chennai 600 004.
3.The Deputy Inspector General of Police Trichy Range, Trichy.
4.The Superintendent of Police, District Police Office Ariyalur, Ariyalur District.
C.KUMARAPPAN J.
jd 12-06-2025