The High Court quashed a punitive transfer order passed against a school employee pending a corruption case, directing his transfer to a local vacancy instead.
Impugned transfer order quashed; petitioner directed to be transferred to a vacancy in Government High School, Vannivelanpatti, Madurai.
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.1111 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.1111 of 2024 and W.M.P(MD)No.1140 of 2024
P.Thiru Selvaraja
... Petitioner
Vs.
1.The Joint D irector of School Education (Personnel), Office of the Director of School Education, College Road, Chennai – 600 006
2.The Chief Educational Officer, Virudhunagar District, Virudhunagar
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of certiorari caling for the records order passed by the 1st respondent in his proceedings in Na.Ka.No.001043/ C1/E2/2024 dated 05.01.2024 and quash the same as illegal.
For Petitioner : Mr.H.Mohamed Imran for M/s.Ajmal Associates
For Respondents : Mr.M.Sarangan Additional Government Pleader
W.P.(MD).No.1111 of 2024
ORDER
The petitioner was initially appointed as B.T Assistant on 11.08.1998 at the Government Higher Secondary School, Thondi, Ramanathapuram District. Further, he was posted as the Head master in Government High School, Pattampudur, Virudhunagar District. While he was working in the said School, he was given with additional charge of Personal Assistant to Chief Educational Officer on 07.11.2023. A surprise inspection was conducted. During the said inspection, an amount of Rs.13,000 /- was recovered from the petitioner. Pursuant to the same, First Information Report in Crime No.10 of 2023 came to be registered as against the petitioner and others for the offences under Section 7 of Prevention of Corruption Act, as amended in 2018. The petitioner has also properly explained the possession of Rs.13,000/- since it was recovered from him due to apprehension. While so, the impugned order of transfer dated 05.01.2024 came to be issued by the 1st respondent by transferring the petitioner to a school situated in a far away place. Challenging the same, this Writ Petition came to be filed.
W.P.(MD).No.1111 of 2024
clear that the same is a punitive transfer order which has been clearly expressed in the said order of transfer. The same is effected only due to the pendency of the case in Crime No. 10 of 2023 as registered by the Vigilance and Anti corruption Department. Contending that the impugned transfer order is vitiated by malafide and also considering the fact that the same is punitive in nature, the learned counsel for the petitioner prayed for quashing the transfer order.
Accordingly, he prayed for the dismissal of this Writ Petition.
W.P.(MD).No.1111 of 2024
already relieved from the post of Personal Assistant to the Chief Educational Officer and therefore, the question of tampering of evidence would never arise.
05.01.2022 passed by the 1st respondent would reveal that the same is a punitive transfer order. He drew the attention of this Court to the various vacancies which are available in Virudhunagar District and Madurai District and if at all the respondents are going to transfer the petitioner, the petitioner could be accommodated to any other place in the District of Virudhunagar and Madurai.
W.P.(MD).No.1111 of 2024
9.Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
26.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes CM To
1.The Joint D irector of School Education (Personnel), Office of the Director of School Education, College Road, Chennai – 600 006
2.The Chief Educational Officer, Virudhunagar District, Virudhunagar
W.P.(MD).No.1111 of 2024
L.VICTORIA GOWRI, J.
CM
W.P.(MD).No.1111 of 2024 and W.M.P(MD)No.1140 of 2024
26.02.2024
2 issues framed by the court
Whether the impugned transfer order of the petitioner was punitive in nature and vitiated by malafide?
Whether the transfer was necessary to prevent tampering of evidence in a pending criminal case?
1 provisions across 1 enactments
P.Thiru Selvaraja
The Joint Director of School Education (Personnel)
The Chief Educational Officer, Virudhunagar District
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
