A Panchayat Secretary thrice transferred within a year challenged a transfer order as exceeding Rule 13 authority. The court held superior officers retain power to effect transfers, that transfers are service incidents challengeable only for apparent malafide, and disposed of the petition with no relief granted.
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W.P.(MD)No.6007 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.04.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA
W.P.(MD)No.6007 of 2024 and
W.M.P.(MD).Nos.5644 and 5645 of 2024
S.Anthony
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of transfer vide Na.Ka.No.COLRD/823/2024-N7 dated 07.03.2024 and to quash the same as illegal and consequently direct the first respondent to permit the petitioner to work under the Nallur Panchayat Office under the light of the earlier transfer order passed in his favour vide Na.Ka.No. COLRD/2383/2023-N7 dated 24.01.2024.
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For Petitioner : Mr.C.M.Arumugam For R-1 : Mr.J.Ashok Additional Government Pleader
O R D E R
Heard Mr.C.M.Arumugam, learned counsel for the petitioner and
Mr.J.Ashok, learned Additional Government Pleader for the respondent no.1.
dated 07.03.2024 and consequently direct the first respondent to permit the petitioner to work under the Nallur Panchayat Office under the light of the earlier transfer order passed in his favour vide Na.Ka.No. COLRD/2383/2023N7 dated 24.01.2024.
3. The petitioner's grievance is that he was frequently transferred from place to place. The petitioner has been subjected to transfer on three occasions in the recent past. Attention was drawn to the order of transfer issued to the petitioner on 15.04.2023 by the first respondent, transferring the petitioner from Nallur Panchayat to Kadanganeri Panchayat. Thereafter on 24.01.2024, the petitioner was transferred from Kadanganeri Panchayat to Nallur Panchayat. Once again the petitioner was transferred third time through the present
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impugned order 07.03.2024 from Nallur Panchayat to Kadaganeri Panchayat. The learned counsel for the petitioner submitted that the Tamil Nadu Village Panchayat Secretaries (Conditions of Service) Rules 2023, Rule No.13 would contemplate that the Block Development Officer is the competent authority to effect transfer within the block. Transfer within the district may be issued by the Personal Assistant (Development) to the District Collector. The Commissioner / Director of Rural Development and Panchayat Raj may transfer any Village Panchayat Secretary from one district to another district on administrative grounds. So it is claimed by the petitioner that the authority who had issued the transfer order had usurped the power of lower level officers.
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order. The petitioner knows very well that the transfer is incident of his service and he cannot challenge the order of transfer unless there is any apparent malafide intention attached to the same. In the instant case, the situation is otherwise, because the petitioner seems to have been transferred on allegations and on the demand to conduct a fair enquiry at Nallur Panchayat. Just because the petitioner happened to face frequent transfers within a short span of one year, that itself cannot be perceived as transfer effected with any malafide intention.
8. With the above observations, this Writ Petition is disposed of . No
costs. Consequently, connected miscellaneous petitions are closed.
15.04.2024
NCC:yes/no Index:yes/no Internet:yes/no Nsr
W.P.(MD)No.6007 of 2024
To:
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W.P.(MD)No.6007 of 2024
R.N.MANJULA, J.
Nsr
W.P.(MD)No.6007 of 2024
15.04.2024
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2 issues framed by the court
Whether the District Collector usurped the Block Development Officer's authority by issuing the transfer order under Rule 13.
Whether frequent transfers indicate malafide intention and warrant challenging the transfer order.
2 provisions across 2 enactments
S.Anthony
The District Collector, Tenkasi, Tenkasi District
The Block Development Officer, Alangulam Panchayat Union, Alangulam Taluk, Tenkasi District
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
