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Madras High CourtWP/40586/2025dismissed

S.Viswanathan v. The Director General Of Police

2025-10-30Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.45510 of 2025 S.Viswanathan .....

Petitioner Vs

1. The Director General of Police and Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.

2. The Inspector General of Police, West Zone, Coimbatore-18.

3. The Deputy Inspector General of Police Coimbatore Range, Coimbatore-18.

4. The Superintendent of Police Nilgiris District, Nilgiris

5. The Superintendent of Police Tiruppur District, Tiruppur

6. The Superintendent of Police Erode District, Erode .....

Respondents 1/6

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondents in connection with the impugned order passed by him in Na.Ka.No.A2/4164/2025 dated 27.08.2025 (served on 17.09.2025) quash the same and direct the respondents to re-transfer the petitioner from Nilgiris District to Tiruppur District.

For Petitioner : Mr.K.Venkataramani Senior Counsel For Mr.M.Muthappan For Respondents : Mr.S.Yaswanth Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the order dated 27.08.2025 passed by the third respondent, thereby rejecting the request made by the petitioner for reconsideration of his transfer.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner entered the service as Grade-II Police Constable in the District Armed Reserve, Erode District, on 25.05.1988. Subsequently, he was promoted to various posts and finally to the post of Special Sub-Inspector with effect from 01.06.2013. Thereafter, the petitioner was suffering from illness and 2/6

was undergoing medical treatment. While the petitioner was serving in Erode District, he was transferred to District Armed Reserve, on administrative grounds. Subsequently, in the month of November 2015, the petitioner was transferred to Ooty on administrative grounds. Later, in the month of August 2019, he was again transferred back to Erode District and was posted at Anthiyur Police Station, Erode District.

4. While the petitioner was working as Special Sub-Inspector, Bangalapudur, Erode District, he was served with a charge memo under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, alleging that though he had been deputed to report for High Court duty at Chennai from 21.04.2024, he refused to comply with the order and quarrelled with the Station Writer and other Constables in the police station. It was further alleged that the petitioner was in the habit of frequently availing medical leave and whenever he was deputed for duty, he evaded the same by taking medical leave, and that he was under the influence of alcohol while on duty as well as during petition enquiry in the police station. After completion of the disciplinary proceedings, the petitioner was imposed with the punishment of stoppage of increment for a period of two years with cumulative effect. Subsequently, the 3/6

petitioner was issued a show cause notice dated 24.02.2025, stating that the punishment imposed on the petitioner was not commensurate with the gravity of the misconduct and calling upon him to show cause within fifteen days as to why the punishment should not be enhanced.

5. While being so, the petitioner was transferred by an order dated 14.05.2025 to Ooty, Nilgiris District. Pursuant to the said order, he joined duty and thereafter challenged the same before this Court in W.P.No.22593 of 2025. This Court dismissed the writ petition and the petitioner was given liberty to submit a representation seeking reconsideration of his transfer. Accordingly, the petitioner submitted a representation, which was rejected by an order dated 27.08.2025.

6. On instructions, the learned Additional Government Pleader appearing for the respondents submitted that the petitioner has already joined duty at Ooty and has been working there from the date of his original transfer order dated 14.05.2025. While rejecting the request made by the petitioner, he was given an opportunity to submit a fresh representation seeking transfer after completion of one year service in Nilgiris District, which will be considered on merits.

7. In view of the above, this Court finds no infirmity or illegality in the order dated 27.08.2025 passed by the third respondent. Accordingly, this Writ 4/6

Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 30.10.2025 Index:Yes/No Speaking/Non speaking Lpp To

1. The Director General of Police and Head of Police Force, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.

2. The Inspector General of Police, West Zone, Coimbatore-18.

3. The Deputy Inspector General of Police Coimbatore Range, Coimbatore-18.

4. The Superintendent of Police Nilgiris District, Nilgiris

5. The Superintendent of Police Tiruppur District, Tiruppur G.K.ILANTHIRAIYAN, J.

Lpp 5/6

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