P.Krishna Ramani v. The Addl. Chief Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Fifteenth day of July Two Thousand Nineteen PRESENT THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR WP(MD) No.15621 of 2019 and W.M.P.(MD)No.12305 of 2019 P.KRISHNA RAMANI ... PETITIONER Vs 1 THE ADDITIONAL CHIEF ENGINEER GENERATION CIRCLE, TANGEDCO,TIRUNELVELI, 2 THE EXECUTIVE ENGINEER/CIVIL, GENERATION CIRCLE,TANGEDCO, TIRUNELVELI -11.
3 THE EXECUTIVE ENGINEER, POWER HOUSES,TANGEDCO, KODAYAR KILTHANGAL, KANYAKUMARI DISTRICT.
4 THE ASSISTANT EXECUTIVE ENGINEER/CIVIL, POWER HOUSES,TANGEDCO, KODAYAR KILTHANGAL, ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a WRIT OF CERTIORARIFIED MANDAMUS or any other writ or direction of a like nature to call for the records on the file of the 1st respondent pertaining to its order of transfer bearing Memo.No.004487/934/M18/M18/M184/2019 dated 27-06-2019 and to quash the same and consequently direct the respondent to consider the representation of the petitioner dated 06-07-2019. Prayer in WMP(MD). 12305/ 2019 :
to Stay all further proceedings of the 1st respondent pertaining to its order of transfer bearing Memo.No.004487/934/M18/ N184/2019 dated 27-06-2019.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.C.HEROLD SINGH, Advocate for the petitioner
and of Mr.G.KASINATHA DURAI, Standing Counsel on behalf of the Respondents, the court made the following order:- Mr.G.Kasinathadurai, learned Standing Counsel takes notice for the respondents.
2.This Writ Petition has been filed seeking to quash the impugned transfer order dated 27.06.2019, passed by the first respondent and consequently, direct the respondents to consider the representation of the petitioner, dated 06.07.2019. 3.The learned counsel appearing for the petitioner submitted that though the petitioner was discharging her duties to the utmost satisfaction, on 24.06.2019, a charge memo was issued against her and hence, she was constrained to challenge the said charge memo before this Court in W.P.(MD)No.14979 of 2019. This Court, by order dated 04.07.2019, disposed the said Writ Petition, directing the respondents to complete the enquiry within a period of three months from the date of receipt of a copy of that order.
While so, the present impugned transfer order has been passed by the first respondent, transferring the petitioner to a place, which is more than 500 Kilometres away from the present work place. He further submitted that the said impugned transfer order has been passed in the middle of the academic year and now, the petitioner's son is studying 12th Standard.
4.The learned Standing Counsel appearing for the respondents submitted that the petitioner has already been relieved, but none of them has joined in the said place.
5.In view of the above, there shall be an order of interim stay of the impugned transfer order dated 27.06.2019, for a period of two weeks.
Post the matter after two weeks. In the meantime, the respondents are directed to file counter affidavit. sd/- 15/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL CHIEF ENGINEER GENERATION CIRCLE, TANGEDCO,TIRUNELVELI,
2 THE EXECUTIVE ENGINEER/CIVIL, GENERATION CIRCLE,TANGEDCO, TIRUNELVELI -11.
3 THE EXECUTIVE ENGINEER, POWER HOUSES,TANGEDCO, KODAYAR KILTHANGAL, KANYAKUMARI DISTRICT.
4 THE ASSISTANT EXECUTIVE ENGINEER/CIVIL, POWER HOUSES,TANGEDCO, KODAYAR KILTHANGAL, +1. C.C. to M/S.S.C.HEROLD SINGH Advocate SR.No.11715 +1CC TO Mr.G.KASINATHA DURAI, Advocate, Sr No.11711
ORDER
IN WP(MD) No.15621 of 2019 and W.M.P.(MD)No.12305 of 2019 Date :15/07/2019 MS/VR/SAR-4/17.07.2019/3P.7C