IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.06.2006 CORAM: THE HON'BLE MR. JUSTICE P. SATHASIVAM AND THE HON'BLE MR. JUSTICE V. DHANAPALAN WRIT APPEAL No.659 of 2006 and WAMP.No.1333 of 2006 K. Swaminathan .. Appellant/Petitioner vs. 1. The General Manager Tamil Nadu Government Transport Corporation (Kovai) Ltd., Coimbatore-Erode Division Chennimalai Road, Erode-1. 2. The Selection Grade Assistant Manager (Labour) Tamil Nadu Government Transport Corporation (Kovai) Ltd., Coimbatore-Erode Division Chennimalai Road, Erode-1. 3. The Branch Manager Tamil Nadu Government Transport Corporation (Kovai) Ltd., Nambiyur, Gobi Taluk Erode 1. .. Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters of Patent against the order of the learned Judge Mr. Justice D. Murugesan, dated 20.04.2006 made in W.P.No.9685 of 2006 presented to this Court under Article 226 of the constitution of India to issue a writ of Certiorari calling for the records of the 2nd respondent in D.No.1055/131/P.P.No.TNSTC/Kovai/IM/2006 dated 29.03.2006 quash the same. For appellant : Mr. M.M. Sundaresh For respondents : Mr. V.R. Kamalanathan JUDGMENT (Judgement of the Court was delivered by P. SATHASIVAM,J.) Aggrieved by the order of the learned single Judge dated 20.04.2006 made in Writ Petition No.9685 of 2006, the writ petitioner https://hcservices.ecourts.gov.in/hcservices/ K. Swaminathan, Conductor of Tamil Nadu State Transport Corporation, Erode District has filed the above appeal. 2. Even at the admission stage, the respondents are represented by a counsel. 3. The learned counsel for the appellant by pointing out the reasoning of the learned Judge, particularly in para 4 of the order dated 20.04.2006, contended that since the impugned transfer order was passed as a vindictive measure, which is evident from the file produced before the learned Judge, the order cannot be sustained. He also contended that the appellant joined Nambiyur Branch in the year 2004 and several persons, who joined and working at Nambiyur Branch have not been transferred. He further pointed out that nearly 20 vacancies are there in Nambiyur Branch itself and there is no necessity to pass the impugned order of transfer. 4. On the other hand, learned counsel appearing for the Transport Corporation by drawing our attention to the impugned order of transfer contended that the same was passed due to administrative reasons and there is no ground for interference. 5. We verified the order of transfer, which is available at page 6 of the typed set of papers. It simply says that the appellant K. Swaminathan, Conductor was transferred from Nambiyur Branch to Palani Branch due to administrative reasons. It is not in dispute that if the employer makes transfer on administrative grounds, in the absence of any mala fide, there cannot be any interference in the said order. However, as rightly pointed out, the file relating to the order of transfer, which was placed before the learned Judge shows that on 24.03.2006, the appellant, who is a Conductor and the driver of the vehicle bearing No.TN.33/N 1994 did not stop the vehicle at the bus-stop meant for the same, which resulted in stopping the vehicle by the public and there was altercation between the petitioner, driver and the public. It further shows that with reference to the same, the Corporation has initiated action by issuing notice by way of separate proceedings. The details mentioned in para 4 of the order dated 20.04.2006 amply show that the present order of transfer cannot be construed as an order simplicitor or due to administrative reasons. In such circumstances, without affording an opportunity to the appellant, the order can not stand. Without going into the proposed action to be taken against him with reference to the incident said to have taken place on 24.03.2006, the order of transfer dated 29.03.2006 is quashed. It is made clear that the Transport Corporation is free to pursue their Departmental proceedings, if they so desire in accordance with law by affording opportunity to the appellant. With the above observation, the writ appeal is allowed. No costs. Consequently, connected WAMP., is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ kh To 1. The General Manager Tamil Nadu Government Transport Corporation (Kovai) Ltd., Coimbatore-Erode Division Chennimalai Road, Erode-1. 2. The Selection Grade Assistant Manager (Labour) Tamil Nadu Government Transport Corporation (Kovai) Ltd., Coimbatore-Erode Division Chennimalai Road, Erode-1. 3. The Branch Manager Tamil Nadu Government Transport Corporation (Kovai) Ltd., Nambiyur, Gobi Taluk Erode 1. +1cc to Mr.V.R.Kamalanthan, Advocate Sr 26475 +1cc to Mr.M.M.Sundresh, Advocate Sr 26707 NG (CO) km/28.6. Writ Appeal No.659 of 2006 https://hcservices.ecourts.gov.in/hcservices/