T.Govindaraj, v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.1949 of 2018 and W.M.P.(MD).No.2196 of 2018 T.Govindaraj

...Petitioner

Vs.

1.The Managing Director, 2.The General Manager, Pudukottai District.

3.The Admin Manager, (Personal), Pudukottai Divsion, Trichy Region,Trichy District.

4.The Branch Manager, Trichy Branch, Trichy District.

5.The Deputy Manager Corporate (Tech),

...Respondents

.

PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the transfer impugned order in ghh;it: : :'. jmnghf/Fk;g/g[k/ggp1/0401/2018 dated 04.01.2018 and the same communicated on 22.01.2018 along with the consequent relieving order No.609 dated 18.01.2018 communicated on 22.01.2018 passed by the fifth respondent and quash the same.

For Petitioner : Mr.S.Saji Bino For Respondents : Mr.D.Sivaraman

ORDER

Heard the learned counsel on either side.

2.The petitioner is working as Driver in the respondents/Corporation. The principal ground of challenge is that the order has been passed by someone who is not competent to issue the order of transfer.

3.It has been pointed out that the post of General Manager is presently vacant. The in charge official has passed the impugned order of transfer and that the same has subsequently been ratified by the Managing Director of the Corporation, who is the competent authority. In view of the ratification made by the Managing Director of the Corporation, the point of jurisdiction fails. That apart what is under question is only order of transfer. The petitioner has not made out a case as to which right has been infringed. Therefore, there is no merit in the Writ Petition. 4.The learned counsel appearing for the petitioner submits that the petitioner would submit a representation, seeking modification of the order that is under challenge. If such a representation is filed, the first respondent is directed to consider the same and pass appropriate orders immediately thereafter. 5.The Writ Petition stands dismissed.

No costs.

Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, 2.The General Manager, Pudukottai District.

3.The Admin Manager, (Personal), Pudukottai Divsion, Trichy Region,Trichy District.

4.The Branch Manager, Trichy Branch, Trichy District.

5.The Deputy Manager Corporate (Tech), +1cc to M/S.J.Ashok, Advocate SR.No. 47533 +1cc to M/S.D.Sivaraman, Advocate SR.No. 47083 ORDER MADE IN W.P.(MD).No.1949 of 2018 08.02.2018 tsg JM/SV MMS/SAR 1/26.02.2018/3P/8C