S RAJESWARI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner prays to call for the records pertaining to the impugned order of dismissal passed by the respondent in P. R. No. 18/2000, dated 7. 8. 2001 and quash the same.

(2.) IN the brief facts stated in the affidavit, it is stated that a transfer order was passed against the petitioner on 21. 8. 2000 transferring the petitioner from Egmore Railway Police Station to Coimbatore railway Police Station. The petitioner made several representations to retain her in Chennai Station as she was having 11 months old child. However, the same was not considered and she has challenged the order of transfer in o. A. No. 7740 of 2000 before the Tamil Nadu State Administrative Tribunal and obtained an interim stay of the order on 20. 8. 2000. The said stay order was in operation till 4. 6. 2002 and the main O. A. was disposed of by the Tamil nadu State Administrative Tribunal on 4. 6. 2002. The operative portion of the order disposing the above O. A. along with the connected O. A. reads as follows:-

(3.) THE petitioner was issued a charge memo on 12. 2. 2001 alleging that she refused to obey the transfer order and went on medical leave. An enquiry was conducted and after enquiry, report was submitted stating that the charge levelled against the petitioner is proved. Consequently, the impugned order of punishment dismissing the petitioner from service was issued on 7. 8. 2001. The said order has been challenged in the o. A. No. 5393 of 2001. The Tamil Nadu State Administrative Tribunal while ordering notice of motion in the O. A. , granted interim stay of the operation of the order on 23. 8. 2001 which was extended until further orders on 30. 9. 2001. It is represented by the learned counsel for the petitioner that the above order was challenged in the W. P. No. 13493 of 2002 before this Court and taking note of the reinstatement of the petitioner on 10. 5. 2002, the writ petition was dismissed by the Division Bench of this Court by an order dated 16. 12. 200 3 and in view of the interim stay, the petitioner is continuing in service. Learned counsel has also pointed out that the petitioner was upgraded as Head Constable with effect from 24. 1. 2003 by an order dated 16. 6. 2003. In the writ petition, the respondent has filed a counter affidavit stating that the petitioner disobeyed the order of transfer and therefore, departmental proceedings were initiated against the petitioner and the impugned order has been passed.