The court quashed a transfer order issued without assigning reasons or initiating disciplinary proceedings. It held that the order, though based on alleged misconduct, was punitive and violated natural justice due to the lack of opportunity for the employee.
Impugned transfer order dated 30.06.2020 Quashed. Liberty granted to issue fresh order if necessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No. 8067 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No. 8067 of 2020 and W.M.P(MD)Nos.7484, 7487 and 11539 of 2020
P. Vijayan
... Petitioner
Vs.
Arasu Rubber Kazhagam Limited, ( A Government of Tamil Nadu Undertaking)
Vadasery, Nagercoil -1
Kanyakumari District.
Manalodai Division,
Arasu Rubber Kazhagam Limited,
Perunchani,
Ponmanai Post, Kanyakumari District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a writ of certiorarified mandamus, calling for the records relating to the impugned order dated 30.06.2020 Ref.No.Na.Ka.No.L/2966/19 passed by the first respondent seeking to transfer the petitioner from Kalikesam Unit of Manalodai Division to Kothaiyaar Division and thereby taking away the entire life time seniority of the petitioner and quash the impugned order and consequently direct the respondent authorities not to disturb petitioner's service in Kalikesam Unit of Manalodai Division and petitioner's service seniority and pass orders.
For Petitioner : Mr. S. Suresh Kumar For Respondents : Mr. S. Shanmugavel Standing Counsel for State
ORDER
According to the petitioner, he is employed as rubber tapping worker in the respondent organization and he joined service in the year 1997. On 12.02.2020, he has been transferred from Kalikesam https://hcservices.ecourts.gov.in/hcservices/ Unit of Manalodai Division to Kothaiyaar Divison. Thereafter, the
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W.P(MD)No. 8067 of 2020
writ petitioner has given a request to consider his transfer. On his request, the second respondent considered and revoked the earlier order dated 12.02.2020 and placed the petitioner in the same place by order dated 20.06.2020. Thereafter, within 10 days, the first respondent has issued the impugned transfer dated 30.06.2020. In the impugned transfer order, no specific reason has been assigned.
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W.P(MD)No. 8067 of 2020
Assistant Registrar (CS-II)
// True Copy //
mnr
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
Ponmanai Post, Kanyakumari District.
+1 CC to M/s.SPL.GP ( SR-33173[F] dated 29/10/2021 )
W.P(MD)No. 8067 of 2020 and W.M.P(MD)Nos.7484, 7487 and 11539 of 2020 28.10.2021
RD(23.12.2021) 3P 5C
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1 issue framed by the court
Whether an impugned transfer order in absence of disciplinary proceedings and without providing an opportunity was punitive in nature?
P. Vijayan
The Managing Director, Arasu Rubber Kazhagam Limited
The Divisional Manager, Manalodai Division
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
