Madras High CourtWP(MD)/11208/2011dismissed

V. Kumaravel v. Director General Of Police

2019-06-11Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.11208 of 2011 V.Kumaravel ... Petitioner -Vs1.Director General of Police, Kamarajar Salai, Chennai-4.

2.The Deputy Inspector General of Police, Thirunelveli Range, Thirunelveli.

3.The Superintendent of Police, Thirunelveli District.

4.Varadaraju 5.Vijayendra Bidari 6.R.Boominathan 7.S.R.Jangid

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the order of transfer passed by the third respondent in his proceedings in C.No.A1/40402/2011 dated 02.08.2011 insofar as the petitioner is concerned and consequential transfer and posting order of the 6th respondent passed by the third respondent in his proceedings in Do.No.1037/2011 C.No.A1/40939/2011 dated 04.08.2011 and quash the same as illegal. For Petitioner : Mr.C.Venkatesh Kumar For M/s.Ajmal Associates For R1 to R3 : Mr.D.Muruganantham, Additional Government Pleader.

For R4 to R7 : No Appearance

ORDER

The order of transfer dated 02.08.2011, transferring the writ petitioner from Courtallam Police Station to Pappakudi Police Station is under challenge in the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/

2.The impugned order of transfer was issued on 02.08.2011 and now, after a lapse of about 8 1⁄2 years, the order of transfer deserves no merit consideration. Transfer is an incidental to service, more so a condition to service. Place or post can never be claimed as a matter of right. Administrative transfer ought to be issued by the competent authorities in the interest of public administration. This apart, the writ petitioner is serving in uniformed service and therefore, the transfers are inevitable and imminent.

3.Thus, this Court is of the considered opinion that the order of transfer issued on 02.08.2011 is in accordance with the transfer policy and there is no infirmity in the transfer order passed by the third respondent.

4.With these observations, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (Crl.side) / True Copy / Sub Assistant Registrar(CS- ) Myr To 1.The Director General of Police, Kamarajar Salai, Chennai-4.

2.The Deputy Inspector General of Police, Thirunelveli Range, Thirunelveli.

3.The Superintendent of Police, Thirunelveli District.

+1 CC to M/s.SPL GP ( SR-68281[F] dated 12/06/2019 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-68137[F] dated 12/06/2019 ) W.P(MD)No.11208 of 2011 11.06.2019 ES/24.06.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/