Madras High CourtWP(MD)/20902/2021dismissed

Thangaraj A v. The Superintending Engineer

2021-11-24Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)Nos.17516 and 17517 of 2021 A.Thangaraj ... Petitioner versus

1. The Superintending Engineer, Tamilnadu Generation and Distribution Corporation Ltd., Office of the Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli.

2. The Executive Engineer, Tamilnadu Generation and Distribution Corporation Ltd., Office of the Executive Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli.

3. The Assistant Engineer, Tamilnadu Generation and Distribution Corporation Ltd., Office of the Assistant Engineer, Melapalayam - 1, Tirunelveli District.

4. The Assistant Engineer, Tamilnadu Generation and Distribution Corporation Ltd., Office of the Assistant Engineer, Sivagiri, Kadayanallur Circle, Tirunelveli District.

5. The Assistant Engineer, Tamilnadu Generation and Distribution Corporation Ltd., Office of the Assistant Engineer, Surandai, Tenkasi District.

... Respondents 1/3

Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned transfer order of the first respondent in Memo No.001538/68/ADMIV/A.1/F.T.O/2021 on 11.02.2021 in Melapalayam Tirunelveli (i.e.) 3rd respondent office to Sivagiri Kadayanallur Circle (i.e) 4th respondent office herein and consequent transfer order of the first respondent in Ku.No.001538/68-3/Ni.Bi.4/U.1/21, dated 11.05.2021 by transferring from Sivagiri, Kadayanallur Circle (i.e) 4th respondent Office to Surandai, Tenkasi district (i.e) 5th respondent office and quash the same as illegal and consequently, direct the respondents herein to restore the transfers from Surandai Tenkasi District to Tirunelveli District as Line Inspector.

For Petitioner : Mr.V.Sorimuthu For Respondents : Mr.T.Sakthi Kumaran

ORDER

This writ petition is filed challenging the transfer orders dated 11.02.2021 and 11.05.2021 passed by the first respondent.

2. The petitioner, while working as a Line Inspector, was slapped with a memo on 17.11.2020, alleging that he has not obeyed the order of higher officials and called for explanation. Thereafter, he has been transferred from Melapalayam to Sivagiri, Kadayanallur Circle, vide the first impugned order dated 11.02.2021. The petitioner made a request to the first respondent to transfer him to some other place instead of Sivagiri. Accordingly, the second impugned order has been passed transferring the petitioner from Sivagiri to Surandai. Both the impugned orders dated 11.02.2021 and 11.05.2021 are under challenge by way of filing this writ petition in the month of November 2021.

3. The learned counsel appearing for the petitioner submits that the petitioner was taking treatment and therefore, he has filed this writ petition belatedly.

4. Though the petitioner claims that since he was taking treatment, he filed this writ petition belatedly, no supporting document has been filed before this Court to prove the same. The impugned orders have been passed in the month of February and May 2021. Since the impugned transfer orders have been challenged after six months, this Court is not inclined to entertain the writ petition at this stage.

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5. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ogy To