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Madras High CourtWP(MD)/19361/2025decreed

G.Anuradha v. The Commissioner

2025-08-25Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) Nos.14889 and 14890 of 2025 G.Anuradha ... Petitioner(s) vs.

1. The Commissioner, Agricultural Marketing and Agri Business, SIPCOT, Guindy, Chennai - 32.

2. The Deputy Director (Agri Business), O/o. the Deputy Director of Agricultural Marketing and Agri Business, Mannarpuram, Trichy, Trichy District.

3. The Deputy Director (Agri Business), O/o. the Deputy Director of Agricultural Marketing and Agri Business, Thanjavur, Thanjavur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the 1/6

impugned transfer order passed by the first respondent in his proceedings in Se.Mu.Order.No.Tho.NiPi18750/2025 dated 04.07.2025 and consequently impugned relieving order passed by the second respondent in his proceedings in No.A/1703/2025 dated 08.07.2025 and quash the same as illegal. For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.S.R.A.Ramachandran Addl. Government Pleader

O R D E R

Challenging the transfer order dated 04.07.2025, passed by the first respondent, the present writ petition has been filed by the petitioner. 2.The petitioner's case is that she is currently working as an Agriculture Officer (Agriculture Business) at Lalgudi Division in the Office of the Deputy Director of Agricultural Marketing and Agri Business, Trichy District. Earlier, on three occasions, she was transferred to more than three stations and subsequently, she was transferred to the Office of the third respondent in Thanjavur District. Challenging the said transfer order, the petitioner has filed the present writ petition.

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3. The learned counsel for the petitioner would submit that a bare perusal of the impugned transfer order reveals that it has not been passed on administrative grounds. Instead, it has been issued based on certain alleged complaints received against the petitioner. Therefore, passing the transfer order and the consequential relieving order without any administrative justifications, but based on extraneous considerations, is not sustainable. Accordingly, he prays before this Court to allow the present writ petition.

4. Per contra, the learned Additional Government Pleader appearing on behalf of the respondents submits that since the petitioner claims that the transfer order passed is in punitive nature, the same shall be set aside. However, based on the complaints received, more particularly those referred to in paragraph Nos.4, 5, 6, 8 and 9 of the counter-affidavit, a preliminary enquiry has already been initiated against the petitioner. Therefore, he seeks permission from this Court to initiate disciplinary proceedings against the petitioner, in the manner known to law. He further submitted that such proceedings will be conducted and concluded as expeditiously as possible.

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5. Recording the said submissions, the impugned transfer order dated 04.07.2025 and the consequential relieving order dated 08.07.2025, are hereby set aside. However, since it is brought to the notice of this Court that a preliminary enquiry has already been initiated against the petitioner, liberty is granted to the respondents to initiate disciplinary proceedings against the petitioner, in the manner known to law and to conclude the same as expeditiously as possible.

6. Accordingly, the writ petition stands allowed. No costs. Consequently, the connected miscellaneous petitions are closed. 25.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6

To

1. The Commissioner, Agricultural Marketing and Agri Business, SIPCOT, Guindy, Chennai - 32.

2. The Deputy Director (Agri Business), O/o. the Deputy Director of Agricultural Marketing and Agri Business, Mannarpuram, Trichy, Trichy District.

3. The Deputy Director (Agri Business), O/o. the Deputy Director of Agricultural Marketing and Agri Business, Thanjavur, Thanjavur District.

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M.DHANDAPANI ,J.

PKN ORDER MADE IN DATED : 25.08.2025 6/6