BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order

12.11.2025 09.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD) No.30891 of 2025

and W.M.P.(MD).No.24076 of 2025

Arun Kumar … Petitioner

-vs-

1.The State of Tamil Nadu,

Represented by the Director of Elementary Education,

DPI Campus, College Road,

Chennai – 600 006.

2.The District Educational Officer (Elementary),

Theni District,

Theni. … Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari to call for the entire record pertaining to the impugned proceedings of the first respondent in Na.Ka.No.002231/J3/2021, dated 27.10.2025 and the consequential relieving order of the second respondent in

Na.Ka.No.34565/A1/2025, dated 28.10.2025, and quash both the order as illegal and pass such further or other suitable order.

For Petitioner : Mr.P.M.Vishnu Varthanan For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

The above Writ Petition has been filed to quash the proceedings of the first respondent dated 27.10.2025 and consequential reliving order of the second respondent dated 28.10.2025 as illegal and pass such further or other orders. 2. Heard Mr.P.M.Vishnu Varthanan, learned counsel for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing on behalf of the respondents.

3. Mr.P.M.Vishnu Varthanan, learned counsel for the petitioner would submit that the petitioner was working as a Block Educational Officer Mayiladumparai at Theni District and had now been transferred under the impugned order to Thoppampatti Union, Oddanchatram Educational District. Even though, the transfer had been made on the ground of administrative reasons, he would submit that such transfer is punitive in nature. The order of transfer explicitly would indicate that the same had been made on grounds that a charge memo is pending against the petitioner. He would submit that a complaint had been made alleging sexual harassment against the petitioner in which a Report had been filed against the petitioner which was challenged by the petitioner in W.P.(MD).No.17190 of 2022, wherein, this Court by order dated 09.01.2025 had set aside the Report of the Internal Complaints Committee and remitted the matter for reconsideration. The same has also been challenged by the petitioner in an Intra-Court Appeal which is yet to be taken up for hearing.

4. Under the impugned order, heavy reliance had been placed by the first respondent on an order made by this Court in Crl.R.C.(MD).No.617 of 2023 which has also been challenged before the Hon’ble Apex Court in SLP.Crl.No. 15712 of 2025. He would submit that originally he was transferred from Vedasandur Union, Dindigul District to Theni on 25.07.2022 and again from Theni Union to Mayiladumparai on 26.09.2022 and presently under the impugned order from Theni District to Thoppampatti, Ottanchathiram Educational District in Dindugal. Such frequent transfer would only cause prejudice to the petitioner.

Hence, he seeks indulgence of the orders impugned in the Writ Petition.

5. Mr.N.Satheesh Kumar Learned Additional Government Pleader appearing on behalf of the respondents would submit that complaints were received against the petitioner of sexual harassment which was also enquired by the Internal Complaints Committee (hereinafter referred as ‘ICC’) and a Report was made against him. The ICC had given a favourable Report to the petitioner which came to be challenged by the complainants before this Court in W.A. (MD).No.10197 of 2022, wherein this Court had set aside the said Report and remitted the matter back to the ICC to comply with the Provisions of the Prevention of Sexual Harassment, 2013 ( hereinafter referred to as ‘POSH Act, 2013’).

6. He would submit that in the interregnum, the petitioner had filed a private complaint before the Additional District Munsif Cum Judicial Magistrate, Vedasandur for initiating acti