N VELUSWAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Petition is filed challenging the transfer order dated 11.01.2011, by which the Petitioner, who is working as Headmaster of the Government Higher Secondary School, Karamadai, Coimbatore District is transferred to Government Higher Secondary School, Puthappai, Tiruppur District.

(2.) THE grievance of the Petitioner is that in the first paragraph of the transfer order it is stated that the transfer is on mutual grounds, but according to the learned Counsel for the Petitioner, the Petitioner had not submitted any request for transfer. Apart from this, as per the operative portion of the transfer order, the said order has been passed on administrative grounds. Further, according to the learned Counsel, certain allegations have been levelled against the petitioner under Rule 17(a) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules by proceedings dated 22.11.2010 and the Petitioner had also submitted his explanation and now, this transfer order has been issued and basing on this, the stand of the learned Counsel for the Petitioner is that this transfer order is an order of punishment. Relying on paragraph 5 of the Judgment rendered by a learned Single Judge of this Court in W.P.No.6220 of 2009, dated 21.04.2010, which reads as follows:

(3.) THE learned Special Government Pleader has further submitted that certain allegations have been levelled against the Petitioner and for that, charges under Rule 17(a) have also been framed. Apart from this, according to the learned Special Government Pleader, a report has been forwarded by the Chief Educational Officer to the Director of School Education, wherein certain commissions and omission of the Petitioner have been pointed out by the Chief Educational Officer are serious in nature, according to the learned Special Government Pleader, in the public interest and also taking into consideration the interest of the students and the administration of the school also, the transfer of the Petitioner is warranted. Further, since there is no loss of emoluments and no loss of status also, according to the learned Special Government Pleader, question of punishment does not arise also. In support of this contention, the learned Special Government Pleader has relied on paragraphs 10, 11, 12, 13 & 14 of the Judgment in the case of Union of India and others v. Janardhan Debanath and another, 2004(4) SCC 245, which reads as follows: