Election Commission can direct transfer of officers of Government in interest of purity of elections.

Prayer: W.P.NO.7720 of 2006 has been filed under Article 226 of the onstitution of India for the issuance of writ of mandamus forbearing the respondents from transferring R. Nataraj, the Commissioner of Police, Greater Chennai to a non-election related post in the guise of conducting a free and fair election, assuming and usurping powers.

W.P.No.7736 of 2006 has been filed under Article 226 of the Constitution of India for the issuance of writ of mandamus for a direction restraining the respondents 1 and 2 from giving effect to the directions issued by the 1st respondent to transfer the 3rd respondent from the post of Commissioner of Police, Greater Chennai.

W.P.NO.7782 of 2006 has been filed under Article 226 of the Constitution of India for the issuance of writ of Certiorari to call for the records pertaining to the directions of the Election Commission of India in its fax message D.O.No.PS/AK/2006 dated 14.3.2006, wherein the Election Commission of India had transferred the Commissioner of Police, Greater Chennai so as to quash the same.

W.P.NO.8032 of 2006 has been filed under Article 226 of the Constitution of India for the issuance of writ of Certiorari to call for the records of the first respondent relating to its fax message D.O.No. PS/AK/2006 dated 14.3.2006 and quash the same.

W.P.NO.8126 of 2006 has been filed under Article 226 of the Constitution of India for the issuance of writ of mandamus directing the second respondent to implement the order of transfer of the 1st respondent relating to fax message D.O.No.PS/AK/2006 dated 14.3.2006 against the third respondent.

Common Judgment: (P.K. Misra, J.)

The factual background as culled out from various writ petitions and the counter affidavit is as follows :-

Mr. R. Nataraj has been functioning as the Commissioner of Police, Chennai, since 18.9.2004. It seems for publication in Chennai Chronicle a supplement of the Newspaper Deccan Chroncile on 8.3.2006, which was being observed as International Womens Day, R. Nataraj was contacted by a representative of such newspaper to give his opinion regarding an ideal woman. As per the newspaper report, R. Nataraj has stated :

An ideal woman is someone who manages both her personal and professional life well. In this respect, I think our chief minister J. Jayalalitha is the perfect example of the ideal woman. I think she is an icon and every woman should look up to her.

Thereafter, publication of such comment in the newspaper appears to have been brought to the notice of the Election Commission. (It is claimed by Mr.A. Raja, a Minister in the Union Government, that it is he who brought it to the notice of the Commission, whereas according to the Commission, even before Mr.A. Raja brought it to the notice of the Commission, a copy of the Chennai Chronicle dated 8.3.2006 was received by the Commission on 13.3.2006). On 14.3.2006, the Deputy Election Commissioner wrote the following letter D.O.No.PS/AK/2006 dated 14.3.2006 to the Chief Secretary to the Government of Tamil Nadu :-

... The Commission has desired that Shri R. Nataraj, Commissioner of Police, Chennai may be transferred from his present post immediately. He may be given any post that does not entail election related duties. ...

Such letter dated 14.3.2006 was faxed to the Chief Secretary. Thereafter, the Chief Secretary of the Tamil Nadu Government wrote letter dated 14.3.2006, a copy whereof has been filed by the State Government as a typed set. The letter is as follows :-

... I have received your D.O. Letter dated 14.3.2006 indicating that Thiru R. Nataraj, I.P.S., Commissioner of Police, Greater Chennai may be transferred from his present post immediately and posted to any post that does not entail election related duties.

Thiru R. Nataraj joined as Commissioner of Police, Greater Chennai only on 18.9.2004. The Commissioner of Police, Greater Chennai is a key position of tremendous public importance. The post of Commissioner of Police, Greater Chennai, with a popu