Rafibulla Khan v. The Director Of Municipal Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.8405 of 2024 and W.M.P(MD)Nos.7616 & 7617 of 2024 Rafibulla Khan ... Petitioner Vs.
1.The Director of Municipal Administration, O/o.The Director of Municipal Administration, Chennai - 600 004.
2.The Commissioner Ramanathapuram Municipality, Ramanathapuram District.
3.The Commissioner Nagapattinam Municipality, Nagapattinam.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating with the order passed by the 1st respondent in Na.Ka.No.25/2023/F2 dated 19.02.2024 and in consequence Na.Ka.No.492/2024/C1 dated 24.02.2024 on the file of the respondent No.2 and quash the both as it is illegal and unwarranted.
For Petitioner : Mr.K.Vijayanand For Respondents : Mr.M.Lingadurai - for R1 Special Government Pleader Mr.K.Saravanan - for R2 Standing counsel
ORDER
This Writ Petition has been filed challenging the transfer order issued to the petitioner by transferring him from Ramnathapuram to Nagapattinam.
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2. Heard Mr.K.Vijayanand, learned counsel for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader for the first respondent and Mr.K.Saravanan, learned Standing Counsel for the second respondent.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. The petitioner has submitted that he has been transferred and based on the oral statement made by the co-worker with the Department of Vigilance and Anti Corruption officials filed a case against the petitioner in Crime No.13 of 2023. The respondent Department has got every administrative right to transfer the petitioner during any stage of his service.
5. Just because the petitioner is at the verge of retirement, he cannot claim that, he shall not be transferred to any 3/6
other place and should be allowed to retire in the place, where he was presently working. Since the vigilance case has also been registered against the petitioner, the department has to handle the case of the petitioner by transferring him to some other location and the order has got the due administrative justification as well. Hence, I find no ground to entertain this Writ Petition.
6. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 03.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6
To 1.The Director of Municipal Administration, O/o.The Director of Municipal Administration, Chennai - 600 004.
2.The Commissioner Ramanathapuram Municipality, Ramanathapuram District.
3.The Commissioner Nagapattinam Municipality, Nagapattinam.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.8405 of 2024 03.04.2024 6/6