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Madras High CourtWP/21528/2021disposed of

D.Vijayakumari v. The Commissioner Of Municipal Administration

2021-10-06Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.21528 OF 2021 AND W.M.P.NOS.22741 & 22742 OF 2021 (Through Video Conferencing) D.Vijayakumari ... Petitioner Vs

1. The Commissioner of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

2. The Commissioner, Poonamallee Municipality, Poonamallee, Chennai, Thiruvallur District - 600 056.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorari calling for the records relating to the proceedings of the first respondent in his Office Ref.Na.ka.No.10019/2021/K3 dated 27.09.2021, quash the same.

For Petitioner : Mr.P.Mani For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the respondents.

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2. The impugned order has been passed by the first respondent without issuing any reasons. The petitioner was promoted as a Revenue Inspector (Transport) on 28.11.2019 and posted with the second respondent herein under the Office of the Commissioner, Poonamallee Municipality.

3. Before expiry of three years period, the first respondent has transferred the petitioner vide impugned order to Ranipet Municipality. Transfer on administrative grounds has to accompany a proper reason and such order can be made by he Government, if such transfer is not during transfer period as per the prevailing guidelines vide Letter No.23847/S/98-1 dated 05.08.1998.

4. Thus, the impugned transfer order is clearly without jurisdiction. Therefore, the impugned transfer order is quashed and this Writ Petition is allowed. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar arb To

1. The Commissioner of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

2. The Commissioner, Poonamallee Municipality, Poonamallee, Chennai, Thiruvallur District - 600 056.

+1cc to Mr.P.Mani, Advocate, S.R.No.52366 +1cc to the Government Pleader, S.R.No.53213 W.P.No.21528 of 2021 and W.M.P.Nos.22741 & 22742 of 2021 PA(CO) RLP(25/10/2021) https://hcservices.ecourts.gov.in/hcservices/