Rajkumar.V v. The Deputy Collector/District Manager
W.P.(MD) No.11035 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.11035 of 2021 and WMP(MD)No.8665 of 2021 V.Rajkumar ... Petitioner -VsThe Deputy Collector / District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Sivagangai, Sivagangai District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned order issued by the respondent in Na.Ka.No.96/2020/A1 dated 16.02.2021, quash the same as far as petitioner is concerned.
For Petitioner : Mr.L.Shaji Chellan For Respondent : Mr.H.Arumugam
O R D E R
The order of transfer dated 16.02.2021, transferring the writ petitioner from TASMAC Shop No.7513 Sivagangai to Shop No.7596 is under challenge in the present writ petition.
2. The learned counsel for the petitioner made a submission that regarding MRP violation an order of penalty was issued without conducting any enquiry. The Court had set aside the penalty and remanded the matter back to the authorities for conducting an enquiry.
3. However, in the present case, the learned counsel for the respondent brought to the notice of this Court that the petitioner admitted his guilt regarding MRP violation and paid the penalty. The respondent has already issued a Circular stating that in the event of MRP violation, such employees are transferred to the shop where the sale is lesser than the other shop. Therefore, the MRP violation penalty is also a ground to transfer an employee from one TASMAC Shop to another TASMAC Shop on administrative ground. In https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.11035 of 2021 other words, a person, who has involved in a misconduct is transferred to another place on administrative ground and to maintain effective administration.
4. In view of the fact that the petitioner in the present case admitted his guilt and paid the penalty, the question of conducting enquiry would not arise at all. Therefore, this Court is not inclined to interfere with the order of transfer.
5. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.
Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK To The Deputy Collector / District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Sivagangai, Sivagangai District.
+1 CC to M/s.L.SHAJI CHELLAN, Advocate ( SR-14063[F] dated 24/03/2022 ) W.P.(MD) No.11035 of 2021 23.03.2022 MGJ(01.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2