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Madras High CourtWA(MD)/1298/2025dismissed

N.Balavenkatesh v. The Director/Distribution

2025-06-02Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.7863 of 2025 N.Balavenkatesh ... Appellant / Petitioner Vs 1.The Director / Distribution Administrative Branch, N.P.K.R.R.Maligai, No.144, Anna Salai, Chennai 600 002.

2.The Superintending Engineer, Thanjavur Electricity, Distribution Circle, Thanjavur.

... Respondents/ Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 11.06.2024 passed in W.P. (MD)No.11493 of 2024.

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For Appellant : Mrs.S.Esai Rani for Mr.P.M.Vishnuvarthanan For Respondent : Mr.

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The appellant is employed in TANGEDCO. He assailed the transfer order dated 09.05.2024 in W.P.(MD)No.11493 of 2024. The learned single Judge dismissed the writ petition vide order dated 11.06.2024. Challenging the same, this writ appeal has been filed.

3. The learned counsel for the appellant contended that the impugned transfer order is punitive in nature and that therefore, it could not have been passed without holding an enquiry. He also relied on a catena of decisions.

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4. We are not impressed by the said submission. We decline to interfere because of the glaring facts that are starring at our face. The petitioner had been on unauthorized leave to the tune of 4224 days since 1999. As many as 13 disciplinary proceedings were initiated against him. It is stated that punishment will run its course only by the year 2030. In these circumstances, for administrative reasons, the transfer order came to be passed. We do not find any ground to interfere. The Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S., J.) (K.R.S., J.) 02.06.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 3/4

G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

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