TITLE: P. Selvan Vs. T.N. Generation and Distribution Corporation Ltd.
Decided On: September 11, 2023.
W.P.No.17896 of 2023 and W.M.P.No.17016 of 2023.
CORAM: Hon’ble Mr. Justice N. Sathish Kumar.
Facts:
The Petitioner was appointed as Contract Labourer in the Respondents Board and was absorbed as Mazdoor (Trainee) during the year 2012 and thereafter appointed as Mazdoor during the year 2014. In the year 2016 he was appointed as Assistant Engineer (Electrical) and posted in Mecheri O & M Section. After completion of three year he was transferred to Kunjandaiyur O & M Section as Assistant Engineer, where he joined on 28.08.2020. However, he has been transferred on 07.08.2021 to North Chennai. He has challenged the said transfer order in W.P.No.26329 of 2021. This Court has granted interim order on 13.12.2021. Since the petitioner has filed the writ petition against his superiors, they have vengeance against him. The Petitioner, in fact had given a complaint to the Vigilance Department alleging corrupt practices of superior officers. Therefore, the superior officers continued to have a grudge against the Petitioner. Therefore, once again he was served with an transfer order dated 24.06.2022. The said transfer order dated 24.06.2022 was cancelled on 30.06.2022. From 01.07.2022 the petitioner is continuously working in Kunjandaiyur O & M Section. The Petitioner has been once again transferred to North Chennai Thermal Power Station on 02.05.2023. The contention that the entire transfer is punitive with motive.
Legal Analysis and Decision:
The very allegation of the Petitioner is that he has been transferred since he has made complaint against the superior officer. On perusal of the same, this Court also directed the Vigilance Department to file a status report. The Inspector of Police Vigilance and Anti Corruption, Salem filed a status report, which clearly reveals the fact that the allegation made by the Petitioner has not been established in the vigilance side enquiry. This fact itself clearly indicate that only in order to continue in the same post the Petitioner is adopting these type of tactics by giving a false complaint against the superior officers. Though in the order it is stated as ‘administrative reasons’ it cannot beheld to be a punitive one. The transfer in the nature of the allegation against the petitioner is quite in fact, warranted. The petitioner, as a matter of right cannot continue in the same post. Once the petitioner is entered into the Government service he has no choice of posting. He is at the disposal of the Government. The competent authority has a power to decide the transfer based on various other circumstances, even to avoid untoward incidents or untoward hardship for smooth functioning of the office. When the officer in the rank of Additional Director General of Police (Vigilance) after thorough enquiry has recommended certain measures to avoid untoward incident and the competent authority merely transfer the person against whom such severe allegations are pending, cannot be said that such transfer is always punitive with motive. Such transfers are warranted for effective administration. The Judges said they do not find any merits in the Writ Petition. The judgements relied upon by the learned counsel for the Petitioner is not relevant to the facts of the present writ petition.
Conclusion:
The Court held that the petitioner, as a matter of right cannot continue in the same post. Once the petitioner is entered into the Government service he has no choice of posting. He is at the disposal of the Government. The competent authority has a power to decide the transfer based on various other circumstances, even to avoid untoward incidents or untoward hardship for smooth functioning of the office.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.
