Allowed

S. Moses v. the Joint Director

Madras HC11 Feb 2015WP(MD)/16169/2014

Case brief

AI extract

What is this about?

Writ petition filed by a cook challenging a departmental transfer order as punitive without a hearing. The Court held punitive transfer without natural justice violative and set aside the order.

What did the court decide?

Impugned transfer order dated 02.09.2014 set aside; petition allowed; connected miscellaneous petition closed.

What the court decided

S. Moses Vs the Joint Director — Service and Employment | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.02.2015

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CORAM:

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THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU

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Writ Petition(MD)No.16169 of 2014 and

M.P(MD)No.1 of 2014

S.Moses

... Petitioner

Vs.

1.The Joint Director, Office of the Joint Director of Health Services, Kumbakonam, Thanjavur District.

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2.The Superintendent, Government District Head Quarters Hospital, Kumbakonam,

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Thanjavur District.

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3.The Medical Officer, Government Hospital, Peravoorani,

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Thanjavur District. ... Respondents

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Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.0001/Ni/2014, dated 02.09.2014 on the file of the first respondent and quash the same as illegal and consequently, direct the first respondent to allow the petitioner to continue as Cook in the Government Head Quarters Hospital, Kumbakonam.

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For Petitioner : Mr.S.Karthick

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For Respondents : Mr.K.P.Krishnadoss

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Government Advocate

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ORDER

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https://hcservices.ecourts.gov.in/hcservices/ The petitioner is aggrieved against the order of transfer, dated 02.09.2014.

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The petitioner is working as a Cook in the Health and Welfare Service Department. He was working in Government Hospital, Aaduthurai and on 27.03.2013, he was transferred to Government Head Quarters Hospital, Kumbakonam. While he was working in that place, the impugned order of transfer came to be passed.

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The grievance of the petitioner is that though the impugned order referred as though it was passed on administrative reasons, it was issued to the petitioner as punitive measure based on the complaint given by the Nursing Superintendent of Government Head Quarters Hospital, Kumbakonam, dated 02.09.2014. Therefore, it is contended that punitive transfer cannot be made without affording an opportunity of hearing to the petitioner.

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Though this matter was adjourned on several occasions for filing counter-affidavit, the respondents have not filed their counter-affidavit, but, however, the learned Government Advocate appearing for the respondents, based on instructions, submitted that the petitioner was transferred based on the complaint given by the Nursing Superintendent of Government Head Quarters Hospital, Kumbakonam, dated 02.09.2014 wherein an allegation of misbehaviour with the co-employees was made against the petitioner. It is also stated in the said complaint that the petitioner has indulged in taking away the food materials outside the kitchen.

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The learned Government Advocate has also produced a copy of the proceedings, dated 01.09.2014, issued by the Joint Director, who is the first respondent herein wherein it is stated as follows:-

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” ngz ;fis juf ;Fiwthf Ngrpajw ;fhfTk ; rikay ; miwapy ; cs ;s nghUl ;fis Ml ;Nlh Kyk ; khiy Neuq ;fspy ; chpa mDkjpNah> jff Mtzq ;fspd ;wp vLj ;J nry ;y cle ;ijahf ,Ue ;jjhy ; ,tUf ;F jz ;lidahf Nguht+{uzp muR kUj ;Jtkidf ;F khWjy ; toq ;fp Mizaplg ;gLfpwJ. NkYk ; ,tUf ;F Nkw ;$wpathW ele ;jikf ;F tpsf ;fk ; NfhuTk ;. ”

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A perusal of the above proceedings of the first respondent would show that the impugned transfer was made against the petitioner only as a punitive measure and not on administrative ground as stated in the impugned order. It is also admitted that before passing this order of transfer, the petitioner was not given any opportunity. Therefore, I am of the view that the transfer order against the petitioner as a punitive measure in violation of principles of natural justice cannot be sustained. Accordingly, the same is set aside. It is made clear that setting aside the order of transfer will not preclude the respondents from initiating disciplinary proceedings against the https://hcservices.ecourts.gov.in/hcservices/ petitioner in a manner known to law.

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With the above observations, this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar

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To 1.The Joint Director, Office of the Joint Director of Health Services, Kumbakonam, Thanjavur District. 2.The Superintendent, Government District Head Quarters Hospital, Kumbakonam, Thanjavur District. 3.The Medical Officer, Government Hospital, Peravoorani, Thanjavur District. +One cc to Mr.S.Karthick, Advocate, SR.No.6348 ps RL/5 c- 19/2/2015 W.P(MD)No.16169 of 2014 and MP(MD)No.1 of 2014

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https://hcservices.ecourts.gov.in/hcservices/

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11.02.2015

S. Moses v. the Joint Director

Case brief

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S. Moses v. the Joint Director

Case brief

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