Back
M. S. RAMESH
C. Nagendran – Appellant
Versus
Joint Director (Higher Secondary) Directorate of School Education, Chennai – Respondent
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 transf
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
