R.KALPANA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is aggrieved against the order of transfer dated 01.08.2017, transferring the petitioner as a Child Development Project Officer from Puzhal Block, Thiruvallur District to Melbhuvanagiri Block, Cuddalore District.

(2.) The reason stated for such transfer is on administrative grounds. The petitioner filed the present writ petition and challenged the said order of transfer by contending that the transfer is punitive in nature, since the petitioner had already been subjected to initiation of disciplinary proceeding. It is further contended by the petitioner that the impugned transfer was made also to accommodate the fourth respondent in the place, in which, the petitioner was originally functioning.

(3.) A counter affidavit is filed by the respondents wherein, it is stated that the disciplinary proceeding has been initiated under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules against the petitioner by the Director-cum-Mission, Director of ICDS, Taramani, Chennai for the charges that she had chosen to act beyond the powers by calling upon the subordinates to affirm and to swear on god and children that they have not committed either theft or any illegality in implementation of the scheme based on the representation of the Anganwadi Workers Association dated 23.12.2016. It is further stated in the counter affidavit that based on the letter of the Director of Social Welfare, Chennai dated 05.07.2017, a transfer order was made wherein, four persons including the petitioner were transferred. The transfer order of the petitioner was made on the ground of administrative reasons and the rest of the persons are on willingness. It is further stated that the petitioner was transferred not only on the ground of administrative reasons but also for several allegations and irregularities committed by her.