G.Kasi v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and WMP.No.30007 of 2023 G. Kasi ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Dharmapuri Electricity Distribution Circle, Dharmapuri - 5.

2.The Junior Engineer, (O&M), TANGEDCO, Dharmapuri Electricity Distribution Circle, Perumbalai, Dharampuri District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records of the 1st respondent pertaining to the impugned transfer order passed by him vide his proceedings in Ku.A.No.486/Ni.P.3/Vu.2/Ko.Transfer/2023 dated 19.09.2023 and quash the same.

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For Petitioner : Mr.S. Senthil Kumar For Respondents : Mr.K. Raj Kumar, Standing Counsel [TNEB]

ORDER

Heard the learned counsel for the petitioner, as well as the learned Standing Counsel appearing for the respondents.

2. On administrative grounds, the petitioner was transferred from Perumbalai Section in Dharmapuri Division to East Kadathur Section in Kadathur Division, through the proceedings of the first respondent herein dated 19.09.2023. Challenging the same, the present Writ Petition has been filed.

3. The learned counsel for the petitioner submitted that since the petitioner has a son and a daughter who are 12 and 9 years of age respectively, his transfer would adversely affect the studies of the children. Therefore, the petitioner sought for transferring him to Eriyur Section in Dharmapuri Division.

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4. However, the first respondent submitted that since there were several complaints from the general public that the petitioner was demanding bribes from the consumers for effecting new service connections, they were constrained to transfer the petitioner.

5. The learned standing counsel appearing for the respondents, on instructions, submitted that there is a vacancy in Pennagaram Rural Sub Division, Dharmapuri District under the jurisdiction of the first respondent herein and that they are willing to accommodate the petitioner therein.

6. The learned counsel for the petitioner, on instructions from the petitioner who is present before this Court today, submitted that the petitioner is also willing to join at Pennagaram Rural Sub Division, Dharmapuri District.

7. In view of the submissions made by the learned standing counsel for the respondents, as well as the learned counsel for the 3/6

petitioner, there shall be a direction to the first respondent herein, to forthwith pass orders, modifying the impugned transfer order dated 19.09.2023 and issue posting orders to the petitioner, transferring him from Perumbalai Section in Dharmapuri Division to Pennagaram Rural Sub Division, Dharmapuri District, within a period of one (1) week from the date of receipt of a copy of this order.

8. With the above direction, the Writ Petition stands ordered. No costs. Connected miscellaneous petition is closed. 11.12.2023 Speaking/Non-speaking Index:Yes/No Internet: Yes/No Sni 4/6

To 1.The Superintending Engineer, TANGEDCO, Dharmapuri Electricity Distribution Circle, Dharmapuri - 5.

2.The Junior Engineer, (O&M), TANGEDCO, Dharmapuri Electricity Distribution Circle, Perumbalai, Dharampuri District.

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M.S.RAMESH,J.

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