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2020 Supreme(Mad) 2265
IN THE HIGH COURT OF MADRAS
V. Parthiban, J.
A. Valarmathi – Appellant
Versus
The State of Tamil Nadu and Ors. – Respondents
W.P. No. 8348 of 2020, WMP Nos. 10017 and 10018 of 2020
Decided On : 06-08-2020
Advocate Appeared:
For the Appellant : P. Wilson, Sr. Counsel for G. Sankaran
For the Respondent:P.H. Arvind Pandian, Additional Advocate General assisted by R. Vijay Kumar, Addl. Govt. Pleader
Headnote:
Tamil Nadu Fundamental Rules - Chapter XII, Part V - Post of Assistant Commissioner of Labour - Order of transfer - Writ of Certiorarified Mandamus - Plea of petitioner is that impugned action of Government is not a bona fide exercise of power for advancing cause of good administration and action was due to extraneous reasons - This Court, ordered notice in Writ Petition - A detailed counter affidavit has been filed on behalf of respondents refuting averments contained in the Writ Petition and a reply affidavit has also been filed on behalf of the petitioner - Held, In essence, Government order is merely a supplement to Rules in order to surmount present trying times of resource crunch faced by Government - Therefore, this Court does not see any infirmity in Government bestowing upon itself power and the exercise thereof to transfer petitioner herein - Decisions relied upon by learned Senior Counsel for petitioner are no doubt governing transfer orders passed on mala fide consideration and as a punitive measure, Statement of law laid down by Courts cannot be pitch forked and applied blindly regardless of factual matrix of case - Since learned Senior Counsel has attributed malice in law against Government as a fulcrum of his argument, this Court ventured to fathom intent of Government in transferring petitioner but it did not come across any document to indicate any oblique motive or malicious intent on part of Government in transferring petitioner - Writ Petition dismissed.
ORDER :
V. Parthiban, J.
1. This matter is taken up through Web hearing.
2. The petitioner has approached this Court, seeking the following relief:
"Issue Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the first respondent in G.O.(D) No. 294, Labour and Employment(E1) Department dated 08.06.2020 and to quash the same and consequently direct the respondents to restore the petitioner in the post of Assistant Commissioner of Labour (Enforcement) Thiruvallur District, Thiruvallur."
3. The brief facts and circumstances, which gave raise to the filing of the present writ petition are stated herein:
3.1 The petitioner is presently working as Assistant Commissioner of Labour (Enforcement) at Thiruvallur, Thiruvallur District. She was initially appointed as Assistant Inspector of Labour, selected through the Tamil Nadu Public Service Commission in 2002. She was promoted to the post of Deputy Inspector of Labour in 2011 and further promoted as Assistant Commissioner of Labour in 2012. She was posted to the present position as Assistant Commissioner of Labour (Enforcement), Thiruvallur on 28.09.2017. According to the petitioner, she has been enjoying unblemished record of service throughout her career.
3.2 According to the petitioner, one J. Ashok Kumar, working as Stamping Inspector at Thiruvallur under the petitioner, had indulged in certain corrupt practices in regard to the discharge of his duties. Several complaints were received and in response to the complaint, the Controller of Legal Meteorology, issued proceedings dated 18.02.2020 addressing the same to the petitioner in her official capacity for conducting enquiry into the conduct of the said Stamping Inspector. The petitioner appears to have conducted enquiry on 28.02.2020 as averred by her in her affidavit.
3.3 According to the petitioner, during the course of the enquiry and on completion thereof, the said J. Ashok Kumar alleged to have committed serious irregularities in the matter of inspection and stamping of weights and machines and as a consequence of commission of acts of misconduct, he was placed under suspension vide proceedings of the Joint Commissioner of Labour, Chennai dated 13.04.2020. Thereafter, he was issued with a charge memorandum dated 29.04.2020 under Rule 17 B of the Tamilnadu Civil Services (Disciplinary and Appeal) Rules.
3.4 While matters stood thus, according to the petitioner, the said J. Ashok Kumar, being a trouble monger and was in the habit of making wild allegations against women staff and officers for extraneous reasons, was also involved in causing publication of scurrilous materials in certain journals, damaging the reputation of the Department and its officers. In effect, according to the petitioner, the said J. Ashok Kumar, used to arm twist the staff of the Department in order to achieve his oblique motives. Since the petitioner happened to be the immediate superior of the said J. Ashok Kumar and having conducted the enquiry against him, he appears to have harboured malice against her. The said J. Ashok Kumar, according to the petitioner, with sinister motive, forwarded a complaint in the name of one K. Ashok, styling himself as "Thalaimai Valakaringnar of Pathirikaiyalargal Sangam", making false and wild allegations as if the petitioner had been involved in corrupt practices. In response to the so-called complaint, a Joint Secretary of the Department called the petitioner for enquiry on 05.05.2020 and the petitioner appeared before the Joint Secretary and was shown the copy of the complaint given by the said K. Ashok, Advocate and was also read out. The petitioner refuted the allegations as being baseless and also expressed her misgiving on the veracity of the complaint since the identity of the complainant was not revealed nor his address was mentioned anywhere in the complaint.
3.5 On the heels of the above enquiry against the petitioner, the Government issued G.O.(D) No. 294, Labour and Employm
