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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR
K. Prabu Kumar – Appellant
Versus
Director General of Police, Mylapore, Chennai – Respondent
COMMON ORDER :
MUMMINENI SUDHEER KUMAR, J.
These two writ petitions have been filed challenging the common order transferring the petitioners in these two writ petitions from Special Branch, Peraiyur and T.Kallupatti respectively to Tirunelveli City Police Commissionerate.
2. The impugned order and the issue that arises for consideration in these writ petitions are one and the same and as such, they are taken up for consideration together and being disposed of by this common order.
3. The petitioners herein, who are working as Head Constables in the Special Branch at Peraiyur and T.Kallupatti since 24.03.2022 and 01.11.2021 respectively, were transferred and posted to Tirunelveli City Police Commissionerate on administrative grounds through proceedings bearing Rc.No.A-40/NGB.III(1)/16/2026, dated 25.02.2026, issued by the first respondent. Pursuant to the said proceedings dated 25.02.2026, issued by the first respondent, the second respondent herein issued a consequential proceedings bearing C.No.A2/11/12857623/2026, dated 12.03.2026, reliving the petitioners herein from the present place of working.
4. In the said proceedings dated 25.02.2026, while transferring the petitioners herein
An administrative transfer of a government servant, even if based on adverse inputs regarding conduct, is an incident of service and does not constitute a punitive action warranting judicial interfer....
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 ....
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
Point of law: Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, ....
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
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