Order of transfer passed on administrative grounds affirmed.

(This writ petition has been filed under Article 226 of Constitution of India, for issuance of a writ of certiorari calling for the records relating to the proceedings dated 5.10.2005 in Na.Ka.130/2005 (A7) of the first respondent and quash the same.)

In this writ petition, petitioner seeks to quash the order of transfer dated 5.10.2005, insofar as the petitioner is concerned.

2. The brief facts necessary for disposal of the writ petition as stated in the affidavit are as follows.

(a) Petitioner, while working as Taluk Supply Officer, Attur, Salem District, a complaint was sent by one Kannan to the first respondent alleging that one M.P.Rajendran is running a wholesale shop for selling rice and paddy in the name of Priya Traders at Attur, and is illegally transporting the ration rice supplied to the fair price shops, to other states and also using the name of the third respondent, who is his relation, for his illegal activities.

(b) On receipt of the complaint, the first respondent, through the District Supply Officer, forwarded the same to the petitioner and requested him to make an enquiry and send the report within 15 days. On receipt of the said request, petitioner conducted an elaborate enquiry and found that the complaint is true and sent a report to the Food Cell and a crime was registered against one Damodaran. The first respondent through the Tahsildar, Attur, informed the petitioner that on 5.10.2005 the Legislative Committee is having inspection in Salem District on 6.10.2005 and he has been appointed on duty with the VIPs coming to the meeting and in this regard he was directed to meet the Personal Assistant on 6.10.2005.

(c) In the meantime, the first respondent by his proceeding dated 5.10.2005 transferred the petitioner from Attur Salem District to Gangavalli Taluk Officer as Special Deputy Tahsildar (Elections). The said order of transfer, even though stated as 'on administrative ground', according to the petitioner, it is only due to the influence and pressure of the third respondent. The said order of transfer is challenged in this writ petition only on the ground that due to mala fide intention and influence and pressure of the third respondent, second respondent has transferred the petitioner to the present post.

3. The respondents 1 and 2 are one and the same person and in the counter affidavit filed by them it is stated as follows,

" .... The District Supply Officer, Salem and the District Consumer Protection Officer in his letter No.Roc.71543/04/J5 dated 30.9.2005 has reported that several complaints were received against Thiru A. Chinnasamy, Taluk Supply Officer, Attur that he was demanding amount for the issue of Ration Card to the public and he also refused to give correct information to the public while public are approaching him regarding Public Distribution System and he has not maintained cordial relations with the public. The District Supply Officer, Salem has also requested to transfer him to some other place for the sake of public interest. Hence in the interest of public and on administrative ground Thiru A.Chinnasamy, formerly Taluk Supply Officer, Attur was transferred as Special Deputy Tahsildar (Election) Gangavalli at Taluk Office, Gangavalli in Collector's Roc.130/2005(A7) dt:5.10.2005. ...."

It is further stated with regard to mala fide against the third respondent as follows,

".... The contention of the petitioner that he has been transferred due to the influence and pressure of 3rd respondent (M.L.A., Attur) to victimize him for the steps taken against Thiru. Damodaran is an imaginary one and it is not correct. As stated in the Para 3 and 4 action has been taken in Collector's Roc.54390/2005/(J3) and a criminal case No.460/2005 has been registered by the Inspector, C.I.D. Civil Supplies, Salem against Thiruvalargal Damodaran and Venkatesan for the transportation of ration rice and wheat on 27.05.2005. Subsequently Thiru R.Damodaran filed writ petition No.26135 of 2005 in Honourable