S.Muralidharan, v. The Engineer-In -Chief

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.12316 of 2017 and W.M.P.(MD).Nos.9483 and 9484 of 2017 S.Muralidharan ... Petitioner Vs.

1.The Engineer -in-Chief (Buildings), Chief Engineer (Buildings) Chennai Region & Chief Engineer (General), Public Works Department, Chepauk, Chennai-600 005.

2.The Chief Engineer, Technical Education Department, Guindy, Chennai-600 025.

3.The Executive Engineer, Technical Education Devision, Public Works Department', Tamil Nadu Polytechnic Campus, Madurai-625 011.

...Respondents

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent i.e., the Engineer-in-chief (Buildings), Chief Engineer (Buildings) Chennai Region & Chief Engineer (General), Public Works Department, Chennai relating to nray;Kiw Mid vz;. V]; 3(1)20300/2017 ehs; 29.06.2017 and quash the same and consequently direct the respondents to allow the petitioner in the present post and that they are at liberty to conduct enquiry against the complaint made against the petitioner.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.V.Muruganantham Additional Government Pleader

O R D E R

Mr.S.Visvalingam, learned Counsel appearing for the petitioner, assailing the impugned order of transfer, submitted that only pursuant to a complaint given against the petitioner by some one on 15.06.2017, by way of punishment, the impugned order of transfer has been passed, which is legally not sustainable. https://hcservices.ecourts.gov.in/hcservices/

2. But, this Court is not able to find any iota of merits in his contention. The reason is that a perusal of the impugned order of transfer does not mention anything, more particularly, the complaint said to have been given against the petitioner. Therefore, it is to be construed that the impugned order of transfer has been passed only on the administrative grounds, which cannot be interfered by this Court, as the employer alone has to take decision as to who should be transferred where. Therefore, this writ petition fails and the same is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar(Crl. Side) /True Copy/ Sub Assistant Registrar To 1.The Engineer -in-Chief (Buildings), Chief Engineer (Buildings) Chennai Region & Chief Engineer (General), Public Works Department, Chepauk, Chennai-600 005.

2.The Chief Engineer, Technical Education Department, Guindy, Chennai-600 025.

3.The Executive Engineer, Technical Education Devision, Public Works Department', Tamil Nadu Polytechnic Campus, Madurai-625 011.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.63309 +1cc to Mr.S.VISVALINGAM Advocate in SR. No.63060 TSG/SSL JS/MR/KKR/SAR.2/18.7.2017/2P-6C W.P.(MD)No.12316 of 2017 and W.M.P.(MD).Nos.9483 and 9484 of 2017 03.07.2017 https://hcservices.ecourts.gov.in/hcservices/