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S.Santhakumar Vs the Chief Engineer Personal — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
S.Santhakumar Vs the Chief Engineer PersonalS.Santhakumar v. the Chief Engineer Personal

Dismissed¶50

S.Santhakumar v. the Chief Engineer Personal

Service Law – Transfer – Incident of service – Writ of Certiorari under Article 226 of the Constitution of India

Madras HC24 Sept 2025WP/36242/2025

Case brief

AI extract

What is this about?

Madras High Court, W.P.No. 36242 of 2025, decided 24.09.2025 by A.D. Jagadish Chandira, J. TANGEDCO/TANTRANSCO employee's challenge to administrative transfer from Gobichettypalayam to Shenbagapudur (distance 20 kms) dismissed; transfer held to be an incident of service on administrative grounds, interference refused absent arbitrariness or mala fides; Abani Kanta Ray v. State of Orissa, 1995 Supp (4) SCC 169 relied on; certiorari under Article 226; background of disciplinary proceedings, suspension and earlier transfer litigation (WP.No.25403 of 2024; WP.No.23938 of 2025).

What did the court decide?

The distance between Gobichettypalayam and Shenbagapudur is only 20 kms and the transfer will not affect the petitioner in any way; the transfer is on administrative grounds and is an incident of service, so the writ petition deserves to be dismissed.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the impugned transfer order dated 02.07.2025 transferring the petitioner from Gobichettypalayam to Shenbagapudur is liable to be quashed by Writ of Certiorari.

Court's answer

The distance between Gobichettypalayam and Shenbagapudur is only 20 kms and the transfer will not affect the petitioner in any way; the transfer is on administrative grounds and is an incident of service, so the writ petition deserves to be dismissed.

Key takeaways

Observation that although the suspension order had been revoked, a reading of the transfer order dated 02.07.2025 indicates that the petitioner had been facing disciplinary proceedings; the Court nonetheless proceeded on the footing 'be that as it may'.obiter¶44

Detailed headnote1 paragraphs

Service Law - Transfer - Incident of service - Writ of Certiorari under Article 226 of the Constitution of India - Petitioner, working as Assistant Engineer Electrical since 2015, challenged transfer order dated 02.07.2025 (Memo No. 345/Ni.Me2/Ni.Pi2/Ni.U004/2025) issued by the 2nd respondent transferring him from Gobichettypalayam to Shenbagapudur - Background of charge memo dated 31.07.2024, earlier transfer to Chennai set aside in WP.No.25403 of 2024, suspension dated 27.09.2024 revoked by order dated 12.06.2025, and WP.No.23938 of 2025 disposed on 03.07.2025 - Held: distance between Gobichettypalayam and Shenbagapudur is only 20 kms and will not affect the petitioner; transfer is on administrative grounds and is an incident of service, not to be interfered with unless clearly arbitrary or vitiated by mala fides, relying on Abani Kanta Ray Vs. State of Orissa and Others, 1995 Supp (4) SCC 169 - Writ petition dismissed; connected miscellaneous petitions closed; no costs.

A

W.P.No. 36242 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.09.2025

CORAM

THE HONOURABLE Mr. JUSTICE A.D. JAGADISH CHANDIRA

W.P.No. 36242 of 2025 &

W.M.P.Nos. 40508 & 40509 of 2025

S.Santhakumar

...Petitioner

Vs.

1.The Chief Engineer / Personal TANGEDCO and TANTRANSCO, Anna Salai Chennai 2

2.The Superintending Engineer Gobi Electricity Distribution Circle, Gobi.

3.The Assistant Executive Engineer O&M / East / Sathy, Shenbagapudur ...Respondents

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W.P.No. 36242 of 2025

Prayer:

Prayer: Petition is filed under Article 226 of the Constitution of India, seeking Writ of Certiorari, to call for records pertaining to transfer order dated 02.07.2025 made in Memo No. 345/ Ni.Me2/Ni.Pi2/Ni.U004/2025 by the 2^nd respondent and quash the

same.

For Petitioner : Mr. B.M.Subash For Respondents : Mr. C.Ramkumar

ORDER

Challenging the transfer order transferring the petitioner from Gobichettypalayam to Shenbagapudur, the petitioner is before this Court.

The learned counsel for the petitioner would submit that the petitioner is working as an Assistant Engineer Electrical, from the year 2015 onwards. The learned counsel would submit that earlier, disciplinary proceedings were initiated against the petitioner by serving a charge memo dated 31.07.2024. While disciplinary proceeding was 2/8

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W.P.No. 36242 of 2025

pending, the 1^st respondent transferred the petitioner from

Gobichettypalayam to Chennai.

The petitioner approached this Court by filing a Writ Petition

in WP.No.25403 of 2024 and this Court, by order dated 04.09.2014,

has set aside the order of transfer and had directed the petitioner to be retained in Gobichettypalayam itself. Subsequently, the 2^nd respondent has suspended the petitioner by order dated 27.09.2024 with effect from 27.09.2024.

Challenging the said order, the petitioner approached this Court in WP.No.23938 of 2025 and the same was disposed of vide order dated 03.07.2025 with a direction to the authorities to pass final order, within a period of 6 weeks. Thereafter, the 2^nd respondent has revoked the suspension order.

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W.P.No. 36242 of 2025

The learned counsel would submit that without stating any

reason, once again, the petitioner was transferred from Gobichettypalayam to Shenbagapudur by the order impugned. The order impugned does not spell out that transfer is ordered on administrative grounds. Aggrieved thus, the petitioner is before this Court.

Per contra, the learned counsel for the respondents would submit that though the suspension order of the petitioner has been revoked, he was facing disciplinary proceeding. Ultimately, the petitioner was given a punishment and the petitioner has also challenged the order of punishment. He would further submit that the transfer is only on the ground of administrative reasons which is an incident of service and that the distance between Gobichettypalayam and Shenbagapudur is only 20 kms. and it will not affect the petitioner in any way. Therefore, he would submit that the Writ Petition deserves

to be dismissed.

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W.P.No. 36242 of 2025

Heard the learned counsel on the either side and perused the

records.

A perusal of the records would show that the petitioner was suspended from service on 27.09.2024. Thereafter, the suspension order was revoked by order dated 12.06.2025. Subsequently, an order of transfer has been issued on 02.07.2025. Though the suspension order has been revoked, a reading of the transfer order dated 02.07.2025 indicates that the petitioner has been facing the disciplinary proceeding.

Be that as it may, the distance between Gobichettypalayam and Shenbagapudur is only 20 kms. and as rightly argued by the learned counsel for the respondents, it will not affect the petitioner in any way. The contention of the learned counsel for the respondents is also that the transfer is on the ground of administrative reasons and it is an incident of service.

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W.P.No. 36242 of 2025

In Abani Kanta Ray Vs. State of Orissa and Others – 1995 Supp (4) SCC 169 , it is settled that a transfer which is an incident of service is not to be interfered with by the Courts unless it is shown to be clearly arbitrary or vitiated by mala fides or infraction of any preferred norms or principle governing transfer.

Considering the above facts and circumstances of the case this Court is of the opinion that this Writ Petition deserves to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, the connected miscellaneous petitions are closed. No costs.

24.09.2025 Index : Yes/No

kan

To

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W.P.No. 36242 of 2025

1.The Chief Engineer / Personal TANGEDCO and TANTRANSCO,

Anna Salai Chennai 2

2.The Superintending Engineer Gobi Electricity Distribution Circle, Gobi.

3.The Assistant Executive Engineer O&M / East / Sathy, Shenbagapudur

A. D. JAGADISH CHANDIRA, J.

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W.P.No. 36242 of 2025

kan

W.P.No. 36242 of 2025

24.09.2025

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the impugned transfer order dated 02.07.2025 transferring the petitioner from Gobichettypalayam to Shenbagapudur is liable to be quashed by Writ of Certiorari.¶22
The court held
The distance between Gobichettypalayam and Shenbagapudur is only 20 kms and the transfer will not affect the petitioner in any way; the transfer is on administrative grounds and is an incident of service, so the writ petition deserves to be dismissed.ratio¶45

Cases cited

Colour shows how this judgement treated each authority

AI extract

Abani Kanta Ray Vs. State of Orissa and OthersRelied on¶49
1995 Supp (4) SCC 169 · Who else cites this

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶18

Procedural history

How this case reached the court

AI extract

Order under challenge
Transfer order dated 02.07.2025 made in Memo No. 345/Ni.Me2/Ni.Pi2/Ni.U004/2025 by the 2nd respondent, transferring the petitioner from Gobichettypalayam to Shenbagapudur; challenged by Writ of Certiorari.¶18
2nd respondent - The Superintending Engineer, Gobi Electricity Distribution Circle, Gobi · 02.07.2025
Prior proceeding
Disciplinary proceedings were initiated against the petitioner by serving a charge memo dated 31.07.2024; punishment was later imposed and challenged by the petitioner.¶23
Prior proceeding
While disciplinary proceedings were pending, the 1st respondent transferred the petitioner from Gobichettypalayam to Chennai; this Court in WP.No.25403 of 2024 set aside that transfer and directed that the petitioner be retained at Gobichettypalayam.¶29
Prior proceeding
The 2nd respondent suspended the petitioner by order dated 27.09.2024 with effect from 27.09.2024.¶30
Prior proceeding
Challenging the suspension, the petitioner filed WP.No.23938 of 2025, which was disposed of on 03.07.2025 with a direction to the authorities to pass final order within 6 weeks.¶31
Prior proceeding
The suspension order was revoked by order dated 12.06.2025, after which the impugned transfer order dated 02.07.2025 was issued.¶44

Parties & counsel

AI extract

petitioner
S.Santhakumar¶8
B.M.Subash
respondent
The Chief Engineer / Personal TANGEDCO and TANTRANSCO, Anna Salai Chennai 2¶11
C.Ramkumar
respondent
The Superintending Engineer Gobi Electricity Distribution Circle, Gobi¶12
C.Ramkumar
respondent
The Assistant Executive Engineer O&M / East / Sathy, Shenbagapudur¶13
C.Ramkumar

Coram

AI extract

A.D. Jagadish Chandiraauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 24 Sept 2025 · September
Registered: 18 Sept 2025
Case no.: WP/36242/2025
CNR: HCMA012159082025
Topic: Writ and Judicial Review
Bench: A.d.jagadish Chandira
Disposal: DISMISSED
Case type: W.P.

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Cite this judgement

S.Santhakumar v. the Chief Engineer Personal, WP/36242/2025 (MAD), decided on 24 September 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Abani Kanta Ray Vs. State of Orissa and OthersRelied on¶49

Open Authorities

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history6

Transfer order dated 02.07.2025 made in Memo No. 345/Ni.Me2/Ni.Pi2/Ni.U004/2025 by the 2nd respondent, transferring the petitioner from Gobichettypalayam to Shenbagapudur; challenged by Writ of Certiorari.2nd respondent - The Superintending Engineer, Gobi Electricity Distribution Circle, Gobi · 02.07.2025
Disciplinary proceedings were initiated against the petitioner by serving a charge memo dated 31.07.2024; punishment was later imposed and challenged by the petitioner.
While disciplinary proceedings were pending, the 1st respondent transferred the petitioner from Gobichettypalayam to Chennai; this Court in WP.No.25403 of 2024 set aside that transfer and directed that the petitioner be retained at Gobichettypalayam.

View full history

Bench / Coram

A.D. Jagadish Chandira

Parties & counsel