T. BALAMURUGAN Vs. COMMISSIONER

JUDGEMENT

(1.) The second respondent in the writ petition, namely, the Assistant Commissioner/Executive Officer of Arulmighu Subramaniya Swamy Thirukoil, Thiruparankundram, issued a show cause notice to the writ petitioner, on 19.11.2003, asking the petitioner to show cause as to why recovery of Rs. 1,29,375/- should not be made from the writ petitioner, which represents the cost difference in the value of diesel and also to show cause, why criminal proceedings should not be initiated against the petitioner for the alleged misappropriation to the value of the diesel. Challenging this show cause notice and seeking to quash the same, Writ Petition No.35492 of 2003 has been filed.

(2.) By proceedings, dated 19.06.2003, the petitioner was directed to hand over the charge of post of the Driver to one Rajendran and the petitioner was directed to discharge the duties of the said Rajendran. Challenging the said order, Writ Petition No.36388 of 2003 has been filed.

(3.) The main contention raised in Writ Petition No.36388 of 2003 is that Rajendran was doing the job of an Attender and the driver cannot be transferred to the place of an Attender, which may amount to demotion and not tloransfer.