1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD).No.309 of 2011 and M.P.No.2 of 2011 1. The Joint Director (Higher Secondary), Directorate of School Education, E.V.K.Sampath Building, College Road, Chennai 6. 2. The Chief Educational Officer, V.E.Road, Near E.V.Government High School, Tuticorin 2. 3. The District Educational Officer, Vakkil Street, Kovilpatti, Tuticorin District. 4. The Headmaster, Government Higher Secondary School, Sivagnanapuram, Tuticorin 628 726. : Appellants/Petitioner Vs. A.Sargunaraj, PG Assistant (Chemistry), Government Higher Secondary School, Tuticorin 628 726. : Respondent/Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 27.10.2010 made in W.P.(MD).No.7984 of 2010 on the file of this Court. WP.(MD)No.7984/2010 PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Certiorari calling for the records relating to the order of transfer passed by the first respondent in his proceedings Na.Ka.No.116183/W.2/E3/09 dated 03.06.2010 and quash the same as illegal. For Appellants : Mr.M.Rajarajan Government Advocate For Respondent : Mr.M.E.Elango https://hcservices.ecourts.gov.in/hcservices/ 2 JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J] This Writ Appeal is directed against the order dated 27.10.2010 made in W.P.(MD).No.7984 of 2010. 2. The case of the respondent before the learned Single Judge was that he was working as Post Graduate Teacher at Government Higher Secondary School, Sivagnanapuram, Tuticorin District. In the year 2004, he was transferred to Ramanathapuram District and in the year 2008, he was re – transferred to Tuticorin District. While so, the first appellant, by his proceedings dated 03.06.2010, transferred the respondent from Government Higher Secondary School, Sivagnanapuram, Tuticorin District, to Government Higher Secondary School, Kalirayanviduthi, Pudukkottai District, on the ground that some anonymous complaints were received against the respondent. 3. In the impugned order of transfer, it is stated that because of the respondent not taking proper lessons, pass percentage of the students got reduced and there was no proper income – expenditure statement furnished for the commission amounts received in view of purchase of exercise books. On the basis of the report submitted by the Chief Educational Officer, recommending action against the respondent and in the interest of the students, the respondent was transferred from Government Higher Secondary School, Sivagnanapuram, Tuticorin District, to Government Higher Secondary School, Kalirayanviduthi, Pudukkottai District. 4. Challenging the said transfer order dated 03.06.2010, the respondent filed W.P.(MD).No.7984 of 2010. The learned Single Judge, by order dated 27.10.2010, following the Judgment of the Supreme Court in the case of Somesh Tiwari v. Union of India and others reported in 2009 (2) SCC 592, allowed the said Writ Petition and quashed the order of transfer. 5. Against the said order dated 27.10.2010, the appellants have come up with the present Writ Appeal contending that the impugned order of transfer is made only on administrative grounds and the same cannot be treated either as arbitrary or punitive. 6. It is submitted by the learned counsel for the respondent that though the transfer order, impugned in the Writ Petition, is called as an order on administrative grounds, as a matter of fact, it is only vindictive and punitive in nature, and therefore, the order passed by the learned Single Judge is just and proper. Based on the above, the learned counsel for the respondent prays for dismissal of the Writ Appeal. 7. We have considered the above rival submissions and also perused the records carefully. 8. It is well settled law that an order of transfer cannot be made as a punitive measure. Of course, there can be no impediment for transferring an official from one place to another place, purely on administrative grounds, for which no reason need be stated. But, under the guise of transfer of an individual on administrative grounds, arbitrary exercise of such power cannot be allowed. The Supreme Court in Somesh Tiwari's case (cited supra), in Paragraph No.16, held as follows:- https://hcservices.ecourts.gov.in/hcservices/ 3 "16. Indisputably an order of transfer is an administrative order. There cannot be any doubt whatsoever that transfer, which is ordinarily an incident of service should not be interfered with, save in cases where inter alia mala fide on the part of the authority is proved. Mala fide is of two kinds - one malice in fact and the second malice in law. The order in question would attract the principle of malice in law as it was not based on any factor germane for passing an order of transfer and abased on an irrelevant ground i.e. on the allegations made against the appellant in the anonymous complaint. It is one thing to say that the employer is entitled to pass an order of transfer in administrative exigencies but it is another thing to say that the order of transfer is passed by way of or in lieu of punishment. When an order of transfer is passed in lieu of punishment, the same is liable to be set aside being wholly illegal." 9. The law laid down by the Supreme Court, in the decision cited supra, which was rightly relied on by the learned Single Judge, is squarely applicable to the facts of the present case. No case is made out to interfere with the order of the learned Single Judge. 10. In the result, the order dated 27.10.2010 made in W.P.(MD). No.7984 of 2010 is confirmed and the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Joint Director (Higher Secondary), Directorate of School Education, E.V.K.Sampath Building, College Road, Chennai 6. 2.The Chief Educational Officer, V.E.Road, Near E.V.Government High School, Tuticorin 2. 3.The District Educational Officer, Vakkil Street, Kovilpatti, Tuticorin District. 4.The Headmaster, Government Higher Secondary School, Sivagnanapuram, Tuticorin 628 726. +1cc to Mr.M.Ajmalkhan, Advocate, Sr.No.11244 +1cc to the Special Govt.Pleader, Sr.No. 11574 nb ssk/18.03.2011 /7c -3p/- JUDGMENT MADE IN W.A.(MD).No.309 of 2011 03.03.2011 https://hcservices.ecourts.gov.in/hcservices/