G. SRINIVASAN Vs. ADDITIONAL CHIEF SECRETARY / COMMISSIONER OF REVENUE ADMINISTRATION AND DISASTER MANAGEMENT, CHEPAUK

JUDGEMENT

(1.) The Writ Petition has been filed, challenging the order of the 1 st respondent passed in Proc.No.Ser.IV(1)/894/2021 dated 29.01.2021, in and by which the petitioner was transferred to Tirupattur District Revenue Unit on administrative reasons.

(2.) It was the case of the petitioner that he was appointed as Revenue Assistant on 04.01.2013 and at present, he has been working as Senior Revenue Inspector (Srilankan Refugee Camp), Omalur Taluk, Salem District. The petitioner was charged with a Criminal Case, which is pending in Spl.C.C.No.3 of 2015 on the file of Special Judge for Trial of cases under Prevention of Corruption Act, Salem and the same was posted for argument after examination of 29 witnesses. It was further case of the petitioner that while so, the 1 st respondent, all of a sudden, transferred him from Salem District to Tirupattur District, with a direction to post him in a non sensitive post and the impugned order of transfer, which was issued without application of mind in pursuance of the communication received from the 4 th respondent dated 29.12.2020, is arbitrary in nature and whimsical.

(3.) Learned Special Government Pleader appearing for the respondents contended that the petitioner was involved in a criminal case of bribe and he was transferred to a far off place and instead of suspending him and paying the subsistence allowance from the exchequer money, he was ordered to be posted in a non sensitive post on administrative reason as per the principle laid down by the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary vs. Union of India through its Secretary and another , 2015 7 SCC 291 and this Court. He further contended that in case he is allowed to continue in the same place, there is a chance of threatening the witnesses by misuse of his power and as a result, the interest of justice would be defeated. Thus, it was vehemently opposed as to the grant of relief prayed for by the petitioner in this Writ Petition.