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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.S. RAMESH, J.
C. Nagendran - Appellant
Versus
The Joint Director (Higher Secondary) Directorate of School Education, Chennai & Others - Respondent
W.P. (MD) No. 9273 of 2022 & W.M.P. (MD) Nos. 6654 & 6655 of 2022
Decided On : 17-06-2022
Transfer Order - Teacher Transfer - The court quashed the transfer order of a teacher, citing that the transfer was based on irrelevant grounds and suffered from inordinate delay. The court directed the appropriate authority to post the teacher back to the original school within one week.
Fact of the Case:
The petitioner, a P.G. Assistant (Commerce) in a school, was transferred to another school on deputation. Subsequently, the petitioner was transferred to a different school, which was challenged in the writ petition.
Finding of the Court:
The court found that the transfer order was punitive in nature and based on irrelevant grounds, and suffered from inordinate delay. The court quashed the transfer order and directed the petitioner to be posted back to the original school.
Issues: The issues raised were the punitive nature of the transfer order and the inordinate delay in making the transfer based on a complaint from 2016.
Ratio Decidendi: The court relied on the principle established in the case of Somesh Tiwari Vs. Union of India, where it was held that a transfer cannot be made on the basis of irrelevant grounds like allegations of complaint against the employee.
Final Decision: The court allowed the writ petition, quashed the transfer order, and directed the appropriate authority to post the petitioner back to the original school within one week.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India forissuance of Writ of Certiorarified Mandamus, calling for the records relating tothe impugned transfer order passed by the 2nd respondent in his proceedings ine.f.vz;.06240/<1/2016 dated 23.03.2022 and consequential relieving orderpassed by the 4th respondent in his proceedings in e.f.vz;.611/2021-22 dated24.03.2022 (served to the petitioner on 30.04.2022) and quash the same as illegaland consequentially to direct the second respondent to revert the petitioner asP.G.Assistant (Commerce) in the 5th respondent school (parent school).
1. The petitioner herein, who was working as P.G. Assistant (Commerce) in the fifth respondent school was transferred to the fourth respondent school in the year 2019 on deputation. Subsequently, through the impugned proceedings dated 23.03.2022, the petitioner was transferred to the Government Boys Higher Secondary School, Thottiyam, Trichy District. The order of transfer is under challenge in the present writ petition.
2. The learned Senior Counsel appearing for the petitioner raised two grounds challenging the order of transfer. Firstly, he would submit that the transfer order is punitive in nature which is impermissible in law. Secondly, he pointed out the averments in the transfer order in which reference is made to a complaint given in the year 2016 and a preliminary enquiry conducted thereafter in 2016, based on which, the present transfer order is made after about three years and therefore, the very basis for transfer, suffers from illegality, in view of the inordinate delay.
3. The learned Additional Government Pleader appearing for the respondents placed reliance on the counter affidavit and submitted that the complaint against the petitioner was very serious in nature, since he is employed in a girls school and hence, the transfer is imminent owing to the welfare of the students.
4. The Hon'ble Supreme Court in the case of Somesh Tiwari Vs. Union of India and others reported in (2009) 2 SCC 595 has held that the order of transfer is indisputably an administrative order and therefore, a transfer cannot be made on the basis of irrelevant grounds like allegations of complaint against the employee.
5. In the instant case, the transfer order is made only on the allegations made by a political party functionary, as well as certain alleged section of the public, based on which, the District Educational Officer had conducted a preliminary enquiry and submitted his report on 20.10.2016. If the ratio laid down in Somesh Tiwari case (supra) is applied to the present facts and circumstances of the case, the transfer order requires to be found fault with.
6. This apart, I do not find any justification on the part of the respondents in quoting a complaint, which was made in the year 2016, as a reason for deputing the petitioner in the year 2019. If the respondents were really concerned on the welfare of the girls students, they ought to have been taken immediate action pursuant to the preliminary report passed in 2016. On the other hand, they are chosen to wait for more than three years and thereafter, deputed him to the other school, on the basis of an alleged complaint. This delay does not justify their action taken. In this background, the respondents while considering the petitioner's re-transfer, were of the view that since the petitioner's original post in the parent school has now been filled up through another Teacher through general transfer counselling, they have now chosen to transfer him into the Government Boys Higher Secondary School, Thottiyam, Trichy District.
7. At this juncture, the learned Senior Counsel appearing for the petitioner submitted that there is one more vacancy for the post of P.G. Assistant (Commerce), which submission is also ratified by the learned Additional Government Pleader. Hence, there cannot be any impediment for the respondents to transfer the petitioner back to his parent school viz
A transfer cannot be made on the basis of irrelevant grounds and must not suffer from inordinate delay.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
Transfer orders are administrative actions that should not be interfered with unless shown to be mala fide or in violation of statutory provisions, with public interest being a valid justification.
First and foremost, transfer in an All India Service is an incident of service. Whether, and if so where, an employee should be posted are matters which are governed by the exigencies of service. An ....
The transfer order based on allegations should be followed by a detailed investigation and disciplinary action, and the individual should be provided an opportunity to defend against the allegations ....
Transfer orders are valid under administrative exigency unless proven malicious or in violation of statutory provisions.
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