P.Senthil v. Joint Director (Personal)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2023
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA W.P No.24656 of 2021 and WMP.No.25946 of 2021 P.Senthil ...
Petitioner Vs.
1. The Joint Director (Personal) DPI Campus, College Road, Nungambakkam, Chennai-600 006.
2. P.A.Naresh, Joint Director (Personal) DPI Campus, College Road, Nungambakkam, Chennai-600 006.
3. C.Amudhavalli , Joint Director, (Non Formal Adult Education) (DNFAE) National Service Scheme, DPI Campus, College Road, Nungambakkam, Chennai -600 006.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, Calling for the Records pertaining to the impugned order having reference Na.ka. No. 22166/C1/E3/2021 dated Page No.1 of 7
01/11/2021 on the file of the 1st Respondent and quash the same. For Petitioner : Mr.R.S.Selvam for Mr.E.P.Senniyangiri For Respondents : Mr.T.Chezhiyan, Additional Government Pleader
ORDER
This Writ Petition has been filed seeking the issuance of a Writ of Certiorari to call for the records pertaining to the impugned order, having reference to Na.ka. No. 22166/C1/E3/2021 dated 01/11/2021 on the file of the 1st Respondent and quash the same.
2. Heard, Mr.R.S.Selvam, learned counsel for Mr.E.P.Senniyangiri, learned counsel for the petitioner and Mr.T.Chezhiyan, learned Additional Government Pleader for the respondents and perused the materials available on record.
3.The petitioner, who was working as a personal assistant to the CEO (secondary) on and from 04.03.2020 got transferred on 01.11.2021 Page No.2 of 7
as High School Headmaster. The petitioner was relieved on the date when the transfer order was issued. The grievance of the petitioner is that in the transfer proceedings dated 01.11.2021, wherein it is alleged that the petitioner was involved in certain illegal activities that were directly against the interests of the institution.
4. Mr.R.S.Selvam, learned counsel for Mr.E.P.Senniyangiri, learned counsel for the petitioner submitted that in the transfer order is on allegation, the transfer order has to be considered as a punishment transfer and not a routine transfer and hence, the individual ought to have been given with an opportunity to submit his explanation.
5. In the case in hand, the transfer order mentioned about the reason for which the petitioner has given with a transfer. It is stated that the petitioner is involved in sending false complaint by inducting third parties against the officials, mishandling the bundles. Even though the petitioner was given with a notice in respect of an enquiry on a complaint and in pursuant to that the petitioner has also submitted his explanation, Page No.3 of 7
no enquiry report is submitted. When all of a sudden on 01.11.2021 the petitioner has been transferred on the basis of the allegations made against him. As stated already in the transfer order also the reason for the transfer has stated as the allegations of certain misconduct against the petitioner.
6. In certain administrative contingencies, even before such enquiry is initiated or enquiry report is obtained, transfer orders might be issued in the interest of the proper enquiry. In those transfer orders, it will be simply mentioned as 'on administrative reasons'. But in the impugned order, certain allegations have been made and it was served upon the petitioner through proper channel. Without availing any opportunity to disprove the allegations no such stigmatic allegations can be incorporated in an order.
7. However, the petitioner has objected the order and placed in the new place and in the new post. He did not have any grievance about the transfer but his grievance is only the offensive words incorporated in the Page No.4 of 7
transfer order.
8. In view of the above decision, I feel it is appropriate to recall the impugned order without having any impact on the transfer and to reissue the same by modifying the order by expunging those offending words but with effect from the date of the transfer. This exercise shall be carried out within a period of four weeks from the date of receipt of copy of this order. With the above direction, the Writ Petition is disposed. No costs. Consequently, connected miscellaneous petition is closed. 30.11.2023 Index : Yes /No Internet : Yes/No jrs To
1. The Joint Director (Personal) DPI Campus, College Road, Nungambakkam, Chennai-600 006.
2. P.A.Naresh, Joint Director (Personal) DPI Campus, College Road, Nungambakkam, Chennai-600 006.
3. C.Amudhavalli , Joint Director, (Non Formal Adult Education) (DNFAE) National Service Scheme, DPI Campus, College Road, Nungambakkam, Page No.5 of 7
Chennai -600 006.
Page No.6 of 7
R.N.MANJULA , J.
jrs W.P No.24656 of 2021 and WMP.No.25946 of 2021 30.11.2023 Page No.7 of 7