S RAVICHANDRAN Vs. COMMISSIONER FOR MUNICIPAL ADMINISTRATION MUNICIPAL ADMINISTRATION DEPARTMENT CHEPAUK CHENNAI

JUDGEMENT

(1.) (This writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records of the first respondent in his proceedings ROC No.36731/2005/F1, dated 5.8.2006 transferring and posting the petitioner from Kancheepuram Municipality to Villupuram Municipality and the consequential order of the second respondent in his proceedings Na.Ka.No.6629-2006-E2, dated 9.8.2006 and quash the same and to direct the respondents to permit the petitioner to continue in service of the second respondent under the Tamil Nadu Municipal Engineering Subordinates Service Rules, 1970.) In this writ petition, a challenge is made to an order of transfer of the petitioner from Kancheepuram Municipality to Villupuram Municipality by proceedings of the first respondent in ROC No.36731/2005/F1, dated 5.8.2006.

(2.) THE affidavit filed in support of the petition is perused. THE court heard the learned counsel on either side.

(3.) IN answer to the above, the learned counsel for the respondents would submit that while the petitioner was working as Meter Reader in Kancheepuram Municipality, several allegations that he was demanding bribe for tap connections were made; that the first respondent has sought for report from the second respondent about the allegations; that those allegations were verified and the second respondent has sent a detailed report on 31.7.2006 and on the strength of the said report, it appears that the first respondent has passed the impugned order; that the petitioner evaded the service; that he applied for medical leave; that he failed to report before the third respondent; that while the matter stood thus, he has approached this court and has obtained interim stay; that he was transferred under Rule 31(c) of the Tamil Nadu Municipal General Rules, 1970; that a reading of the same would clearly reveal that the order of transfer is perfectly correct and valid and hence, the writ petition has got to be dismissed.