B.Venkatachalapathy v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.09.2025 Coram:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and W.M.P.No.36340 of 2025 -- B.Venkatachalapathy .. Petitioner Vs.

1. The General Manager, Dharmapuri Region, Dharmapuri.

2. The Branch Manager, Hosur Mofussil Depot, Hosur.

3. The Branch Manager, Salem Depot, Hastampatti, Dharmapuri Region, Salem.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records of the first respondent, dated 01.08.2025 in his proceedings in No.PaNi3/8218/TNSTC/Dhr/2025 and quash the same as illegal.

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For petitioner : Mr.B.Jawahar For respondents: Mr.K.Raja, Standing Counsel for TNSTC (Salem)

ORDER

The petitioner has filed the present Writ Petition praying for issuance of a Writ of Certiorari to call for the records of the first respondent, dated 01.08.2025 in his proceedings in No.PaNi3/8218/TNSTC/Dhr/2025 and quash the same as illegal.

2. The petitioner is working as Conductor under the first respondentTransport Corporation. On 24.07.2025, he accompanied one of his co-worker, namely Mr.Athiyaman, in order to attend the domestic enquiry and the same was not permitted by the enquiry officer and hence, the petitioner had come out of the enquiry. Thereafter, on 26.07.2025, the petitioner was suspended by the first respondent, citing that the petitioner, without prior approval, appeared before the first respondent and in continuation of the said suspension, the first respondent passed the impugned order of transfer.

3. According to the petitioner, the impugned order of transfer amounts to double jeopardy, and violation of Article 20 of the Constitution of India.

4. The petitioner has been working in the present station from 09.02.2023, whereas, his junior who joined subsequent to the petitioner, is not disturbed and on the other hand, the petitioner is transferred in order to punish 2 / 5

him. Hence, the petitioner has filed the present Writ Petition.

5. Heard both sides and perused the materials available on record.

6. The learned Standing Counsel appearing for the respondents submitted that the transfer is only an incidence of service and the petitioner has not been transferred to any far away place and it is only within 60 Km. from his home town.

7. Admittedly, the petitioner has not been transferred to any far away place, but had been transferred to a near-by location and as such, this Court does not find any reason to interfere with the impugned order, since transfer is only an incidence of service.

8. In view of the same, the present Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. 01.09.2025 cs To

1. The General Manager, Dharmapuri Region, Dharmapuri.

2. The Branch Manager, 3 / 5

Hosur Mofussil Depot, Hosur.

3. The Branch Manager, Salem Depot, Hastampatti, Dharmapuri Region, Salem.

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A.D.JAGADISH CHANDIRA, J cs 01.09.2025 5 / 5