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2019 Supreme(Mad) 500

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
S. Kannan - Appellant
Versus
Principal Chief Conservator of Forests & Others - Respondents
W.P. No. 29226 of 2018 & W.M.P. No. 34152 of 2018
Decided on : 30-04-2019

Advocates:
Advocate Appeared:
For the Petitioner:L. Mouli, Advocate.
For the Respondents: Thangavadhana Balakrishnan, Additional Government Pleader (Forests).

Administrative transfers are the prerogative of the department concerned and should be exercised with restraint. Routine administrative transfers can only be interfered with by the High Courts on exceptional circumstances.

Headnote:

Transfer - Administrative Transfers - Administrative Ground - Act.Section: Not Applicable - The court upheld the administrative transfer of the petitioner, emphasizing that administrative transfers are issued on various grounds and are the prerogative of the department concerned. The court highlighted that routine administrative transfers should be exercised with restraint and can only be interfered with by the High Courts on exceptional circumstances.

Fact of the Case:

The writ petitioner challenged an administrative transfer from Coimbatore Division to Vellore Circle, citing ambiguity in the transfer order and alleging that the complaint against the petitioner was false and frivolous.

Finding of the Court:

The court found that administrative transfers are issued on various grounds and are the prerogative of the department concerned. It emphasized that routine administrative transfers should be exercised with restraint and can only be interfered with by the High Courts on exceptional circumstances.

Issues: Ambiguity in the transfer order, false and frivolous complaint against the petitioner, and the legality of administrative transfers.

Ratio Decidendi: The court held that administrative transfers are the prerogative of the department concerned and should be exercised with restraint. It emphasized that routine administrative transfers can only be interfered with by the High Courts on exceptional circumstances.

Final Decision: The writ petition was dismissed, and no costs were awarded.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order dated 31.8.2018 issued by the first respondent in Ref.No.AB1/666/2017 and consequential order dated 31.8.2018 issued by the third and fourth respondents in Endt.No.E1/6577/2018 and quash the same and consequential direct the respondents to permit the petitioner to work at the Madukkarai Range, Coimbatore Division.)

1. The order of transfer dated 31.8.2018, transferring the writ petitioner from Coimbatore Division to Vellore Circle on administrative grounds, is under challenge in the present writ petition.

2. The learned counsel for the writ petitioner states that the transfer order is silent about the posting in which the writ petitioner is transferred. Thus, the order of transfer is ambiguous and liable to be set aside. It is further stated that the order of transfer was issued during the middle of the academic year which would cause inconvenience to the family of the writ petitioner.

3. This apart, it is stated that the complaint against the writ petitioner given by another woman employee is false and frivolous.

4. This Court is of the considered opinion that the administrative transfers are issued on various grounds and the writ petitioner is working as a Forester, which is a responsible position. In the event of certain allegations by the woman employee at Coimbatore Division, the authorities competent are bound to initiate action to transfer the employee in the interest of public administration. Further, it may not be conducive by allowing the employee, against whom such a complaint is made, to work in the same Station. This apart, transfers are issued on various other grounds also.

5. This Court is of an opinion that transfers can be issued on various grounds. On a perusal of the impugned transfer order, it is stated that the writ petitioner is transferred on administrative ground and in the interest of administration. Transfers are imminent in respect of public servants, whenever there is a wide complaint against the employee is made known to the competent authorities. In certain circumstances, there may not be an evidence to prosecute the employee or to initiate departmental disciplinary proceedings. However, the competent authorities may of the opinion that further continuance of a public servant in a particular place would cause inconvenience as well as cause some difficult situation for the peaceful functioning of the public administration. Thus, in those circumstances, transfers alone are the remedies in the interest of public administration. Therefore, it is not necessary that there must be a transfer only after conducting an enquiry or initiation of disciplinary proceedings.

6. Administrative transfers are issued on various circumstances and on various grounds. For instance, continuance of certain public servants in a particular post, may not be conducive for the peaceful administration or their further continuance may cause certain troubles to the people, who all are the beneficiaries in the Department. There are various such administrative aspects, which all are the reasons for the administrative transfers. Courts would not be in a position to scrutinize or conduct an enquiry in respect of those reasons for such issuance of the administrative transfers.

7. Administrative transfers are the prerogative of the Department concerned and the competent authorities are the best persons to assess and act accordingly. However, those competent authorities should act in the interest of public and in the event of any illegality or some personal motive, then alone, the employee can approach the Court of law for appropriate remedy. In other words, if an order of transfer is issued with a mala fide intention or in violation of the statutory rules, then a writ petition can be entertained. Even in such cases, the allegation of mala fide in







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