K.Narayanamoorthy, v. The General Manager,
W.A.(MD).No.1713 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI W.A.(MD).No.1713 of 2018 and CMP(MD).No.12452 of 2018 K.Narayanamoorthy ...Appellant Vs.
1. The General Manager, Tamilnadu State Transport Corporation, Tirunelveli Ltd, Nagercoil Region, Ranithottam, Kanyakumari District.
2. The Branch Manager, Tamilnadu State Transport Corporation, Ranithottam Branch - III, Nagercoil Branch - III, Kanyakumari District.
...Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act, to allow this Writ Appeal by setting aside the order passed in W.P. (MD).No.21600 of 2018 dated 16.10.2018 on the file of this Court. Prayer in WP(MD). 21600/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorari, calling for the records relating to the impugned orders of transfer passed by the 1st respondent in office order No.238/A2/TNSTC (Tili)/Nager/2014 dated 02.08.2018 and its consequential Reliving order passed by the 2nd respondent in Memo No.1330/RTMIII/TNSTC(NGL)/2010 dated 13.09.2018 and quash the same as illegal.
For Appellant : Mr.L.Prabakaran For Respondent : Mr.K.Sathiya Singh, Standing Counsel.
JUDGEMENT [Judgment of the Court was delivered by T.S.SIVAGNANAM,J.] This Writ Appeal is directed against the order dated 16.10.2018 made in W.P.(MD)No.21600 of 2018.
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W.A.(MD).No.1713 of 2018
2. The appellant had challenged the order of transfer, transferring him from Ranithottam to Chettikulam on the ground that the order of transfer is vitiated by malafide and it is a punishment transfer.
3. The learned Writ Court, after going through the facts, found that there is no allegation of misconduct against the appellant in the order of transfer and it was a transfer of simpliciter.
4. We find that there is no error in the order passed by the learned Single Judge for us to interfere. Furthermore, this appeal has been pending ever since December 2018 without even any interim order. Hence, we are not inclined to interfere with the order passed in the writ petition.
5. This Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1. The General Manager, Tamilnadu State Transport Corporation, Tirunelveli Ltd, Nagercoil Region, Ranithottam, Kanyakumari District.
2. The Branch Manager, Tamilnadu State Transport Corporation, Ranithottam Branch - III, Nagercoil Branch - III, Kanyakumari District.
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