A writ petition challenging a transfer order alleging it was punitive and stigmatic without a prior enquiry. The Court held transfer cannot substitute punishment and quashed the order as vitiated by malice.
Impugned transfer order quashed. Writ Petition allowed. Connected miscellaneous petitions closed.
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.12003 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.12003 of 2021 and W.M.P.(MD)Nos.9453 & 14295 of 2021
T.Vimala Rose
... Petitioner
Vs.
4.M.K.Kabeer,
The Chief Educational Officer, Nagercoil-629 001, Kanyakumari District.
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W.P(MD)No.12003 of 2022
6.The Additional Sub Treasury Officer, Thovalai & Boothapandy, Kanyakumari District-629 852. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order of transfer issued by the third respondent Chief Educational Officer in Na.Ka.No.5936/A2/2018, dated 08.07.2021 and quash the same.
For Petitioner : Mr.Isaac Mohanlal Senior Counsel for M/s.Isaac Chambers For Respondents : Mr.J.Ashok Additional Government Pleader
ORDER
Heard the Senior Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
that the petitioner is guilty of insubordination and that she has misused her
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W.P(MD)No.12003 of 2022
power as Government servant. It is further stated that the misconduct of the writ petitioner was revealed during enquiry. But no such enquiry was held before passing the impugned order. In fact, on the same day, the petitioner was also visited with a charge memo.
13.10.2022 Index : Yes / No Internet : Yes/ No rmi
To
1.The Secretary, Department of School Education, Fort St.George, Chennai-600 009.
2.The Director of School Education, College Road, Chennai-600 006.
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W.P(MD)No.12003 of 2022
G.R.SWAMINATHAN, J.
rmi
4.M.K.Kabeer, The Chief Educational Officer, Nagercoil-629 001, Kanyakumari District.
W.P(MD)No.12003 of 2021
13.10.2022
2 issues framed by the court
Whether an order of transfer can be passed in lieu of punishment without a prior enquiry.
Whether the impugned transfer order is vitiated by malice being a substitute for a quashed charge memo.
T.Vimala Rose
The State of Tamil Nadu
Director of School Education
Chief Educational Officer, Nagercoil
District Educational Officer, Nagercoil
Additional Sub Treasury Officer, Thovalai
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
