Partly allowed

The District Collector v. Sannasi

Madras HC17 Aug 2020WA/625/2020

Case brief

AI extract

What is this about?

This appeal challenges a single judge order quashing a transfer order. The Division Bench upheld the quashing but modified the order to allow the authority to pass a fresh transfer order if compelling reasons exist under the applicable rules.

What did the court decide?

The appeal was disposed of upholding the single judge's order, modified to allow the authority to pass a fresh transfer order if compelling reasons exist. CM.P. No.8693 of 2020 is closed.

The District Collector Vs Sannasi — Service and Employment | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 17.08.2020

¶3

CORAM :

¶4

THE HON'BLE MR.AMRESHWAR PRATAP SAHI, CHIEF JUSTICE

¶5

AND

¶6

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

¶7

W.A.No.625 of 2020

¶8

The District Collector, Salem, Salem District. 2. The Block Development Officer (Village Panchayat), Attur, Salem District-636 102. 3. The Block Development Officer (Block Panchayat), Attur, Salem District – 636 102. .. Appellants/Respondents Vs S.Sannasi .. Respondent/Petitioner

¶9

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 25.07.2019 passed in W.P.No.8444 of 2019. W.P.No.8444 of 2019:

¶10

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari calling for the records of the 3^rd Respondent in Proceeding No. Na.Ka. No.163/2019/Thi2 dated 01.03.2019 and quash the same.

¶11

For Appellants : Mr.V.Jayaprakash Narayanan State Government Pleader

¶12

For Respondent : Mr.Kandhan Duraisami

¶13

JUDGMENT (Delivered by The Hon'ble Chief Justice)

¶14

The limited argument made by learned Government Pleader is that even if reasons were not contained in the transfer order, in terms of Rule 11 of the Tamil Nadu Village Panchayat Secretaries (Conditions of Service) Rules, 2013 (for brevity,

¶15

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

¶16

“the 2013 Rules”), the authority competent viz., the Block Development Officer, can pass an order in the event there are compelling reasons for such transfer.

¶17

Having perused the same, we find that the said Rule has been taken into consideration by a Division Bench of this Court in case of J.Jayachandran v. The Block Development Officer (Village Panchayats) Kattankolathur Block Kancheepuram District, W.A.No.3869 of 2019, decided on 27.11.2019 and we, therefore, dispose of this appeal, upholding the order of the learned Single Judge, but at the same time, modifying it to the extent that it shall be open to the competent authority to pass a fresh order in case any reason is available in terms of Rule 11 of the 2013 Rules. No costs. Consequently, C.M.P.No.8693 of 2020 is closed.

¶18

s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
bbr
To
1.The District Collector,
Salem, Salem District.
2.The Block Development Officer (Village Panchayat),
Attur, Salem District-636 102.
3.The Block Development Officer (Block Panchayat),
Attur, Salem District – 636 102.

¶19

W.A.No.625 of 2020 RSK(CO) SP(31/08/2020)

¶20

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

The District Collector v. Sannasi

Case brief

What is this about?

What did the court decide?

The District Collector v. Sannasi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.Balamurugan Vs The Controller of Examination

The State of Tamilnadu Vs Syed Ammal Engineering College

Sri Venkateshwaraa Medical College Hospital Vs Medical Council of India

The District Collector Vs Sannasi

S.P.Shanmugasundram Vs the Commissioner

S.P.Shanmugasundram Vs the Commissioner