CHIEF EDUCATIONAL OFFICER TRICHY DISTRICT Vs. GOMATHI

JUDGEMENT

(1.) This Writ Appeal has been preferred against the order of the learned Single Judge, who was pleased to set aside the order of transfer passed on the ground that it has been passed by way of punishment.

(2.) The learned counsel appearing for the appellants would submit that the order was passed by way of administrative exigencies and therefore, it cannot be termed as punishment. It is the case where no departmental proceedings have been initiated against the respondent/writ petitioner. Thus, the order of the learned Single Judge requires interference.

(3.) The learned counsel appearing for the respondent/writ petitioner would submit that inasmuch as the order was passed on the ground that the writ petitioner has committed certain irregularities, the same cannot be sustained in the eye of law. Reference has been made on the judgment of the Hon'ble Supreme Court [Somesh Tiwari Vs. Union of India and others, (2009) 3 MLJ 727].