1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.A.(MD)No.851 of 2011 and M.P.(MD)No.2 of 2011 1.The Director of School Education, College Road, Chennai 600 006. 2.The Joint Director of School Education (Personnel), College Road, Chennai 600 006. 3.A.Karuppasami (Enquiry Officer), The Joint Director of Government Examinations, College Road, Chennai 600 006. 4.The Chief Educational Officer, Nagercoil, Kanyakumari District. ... Appellants Vs. 1.T.Selvaraj 2.S.Sethyakumar ... Respondents Prayer: Petition filed under Clause 15 of Letters Patent Act, against the order dated 27.10.2010 passed by this Court in W.P.(MD)No.3733 of 2010. Prayer in WP.3733/2010 : To issue a writ of certiorari calling for the records relating to the impugned proceedings of transfer issued by the 2nd respondent Joint Director vide Na.Ka.25704/C5/E5/2010 dated 17.03.2010 and quash the same. For Appellants : Mr.R.Karthikeyan, AGP For Respondents : Mr.Isaac Mohanlal for R1 JUDGMENT (Judgment of the Court was delivered by P.JYOTHIMANI,J.) The appeal is directed against the order of the learned Single Judge in W.P.(MD)No.3733 of 2010 by which, in the Writ petition filed by the 1st respondent herein challenging the order of transfer, the learned Single Judge while setting aside the order, has found that the same is mala fide by relying upon the Judgment of the Supreme Court reported in 2009(2) SCC 592 (Somesh Tiwari V. Union of India and others). https://hcservices.ecourts.gov.in/hcservices/ 2 2.The 1st respondent was transferred from Nagercoil to Erode and that was challenged by him in the Writ petition. It is found that the reason for the transfer is that in a parallel proceeding in respect of Vigilance and Anti Corruption Enquiry, he was turned hostile in the departmental enquiry. It is on that ground the transfer was effected. It was in those circumstances, by relying upon the judgment of the Supreme Court referred to above, the learned Single Judge came to a conclusion that it is mala fide. In our view, the learned Single Judge has correctly allowed the Writ petition filed by the first respondent by setting aside the transfer order. We see no reason to interfere with the order of the learned Single Judge. Accordingly, the Writ Appeal fails and the same is dismissed. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The Director of School Education, College Road, Chennai 600 006. 2.The Joint Director of School Education (Personnel), College Road, Chennai 600 006. 3. The Joint Director of Government Examinations, College Road, Chennai 600 006. 4.The Chief Educational Officer, Nagercoil, Kanyakumari District. +1CC TO MR.ISAAC MOHANLAL, ADVOCATE SR.30563 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.30950 Nbj SR : 16.09.2011 : 2p/7c W.A.(MD)No.851 of 2011 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/