Johnson.F v. The Chief Engineer Personnel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.25170 & 25171 of 2023 F.Johnson ... Petitioner Vs.

1.The Chief Engineer Personnel, No.144, Anna Salai, NPKRR Maligai, Chennai-600 002.

2.The Executive Engineer, Distribution, Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

3.The Assistant Executive Engineer, Distribution/Kottaram, Kottaram, Nagercoil.

4.The Junior Engineer, Distribution/Mylaudy, Mylaudy, Nagercoil, Kanyakumari District.

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5.Rajan Banu ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the Impugned order passed by the 2nd respondent in Memo No.08842/1525/EE/Distribution/NGL/Adm/U. 1/2023, dated 30.11.2023 and the consequential relieving order passed by the 4th respondent in Memo No. Lr.No./JE/Dist/Mylaudy/F.2/D.No. 0843/2023, dated 01.12.2023 and quash the same and consequently direct the respondents to permit the petitioner to continue as Line Inspector, in the Office of the Junior Engineer, Distribution, Mylaudy, Nagercoil.

For Petitioner : Mr.M.Saravanakumar For R1 - R4 : Mr.S.Arivalagan Standing Counsel

ORDER

The present writ petition has been filed by a Line Inspector working in the TANGEDCO challenging the order of transfer from Mylaudy to Vallan Kumaravilai.

2. According to the learned counsel appearing for the writ petitioner, he was originally suspended on 10.05.2022 and he was 2/6

reinstated on 16.08.2022.

3. Further, it is the contention of the learned counsel for the writ petitioner that the petitioner has lodged a vigilance complaint as against the 5th respondent who is holding the office of the 4th respondent on 11.08.2023 and the 1st respondent had initiated action and ordered vigilance enquiry. Only because of the said complaint, now the 2nd respondent has passed the order of transfer from Mylaudy to Vallan Kumaravilai.

4. Per contra, the learned Standing Counsel appearing for the respondent points out that the order of suspension in the year 2022 has nothing to do with the present order of transfer which is passed one year after the order of suspension. He further contends that the petitioner has made certain allegations as against the 5th respondent and the 1st respondent has already initiated disciplinary proceedings. The present order of transfer has been passed only by the 2nd respondent herein.

5. In view of the above said facts, this Court is of the considered 3/6

opinion that the transfer has nothing to do with the suspension order which was passed in the year 2022 or the complaint lodged by the writ petitioner as against the 5th respondent in August 2023. It is solely based upon the administrative grounds, especially when the petitioner is working in Mylaudy for more than 5 years. The petitioner has been transferred to Vallan Kumaravilai, which is 25 km away from the present place. This Court does not find any merits.

6. Hence, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 11.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To 1.The Chief Engineer Personnel, No.144, Anna Salai, NPKRR Maligai, Chennai-600 002.

2.The Executive Engineer, Distribution, 4/6

Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

3.The Assistant Executive Engineer, Distribution/Kottaram, Kottaram, Nagercoil.

4.The Junior Engineer, Distribution/Mylaudy, Mylaudy, Nagercoil, Kanyakumari District.

R.

VIJAYAKUMAR ,J.

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gbg Order made in Dated:

11.12.2023 6/6