1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21/07/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.8074 of 2011 and M.P.(MD).Nos.1 & 2 of 2011 V.Ravichandran ... Petitioner Vs. 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 625 010. 2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 625 010. 3.B.Chandrasekaran, General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 625 010. 4.The Branch Manager, Usilampatti Branch, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 625 010. 5.K.Jeyakodi ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari, calling for the records relating to the impugned order passed by the 2nd respondent in Parvai: Niruvagam/A1/113/2011 dated 15.06.2011 and consequential relieving order of the 4th respondent in Ref:USI/ESTT/240 dated 18.06.2011, quash the same. For petitioner .. Mr.Shanmugaraja Sethupathi for M/s.T.Jeyakumar For respondents 1,2, 4 .. Mr.B.Pugalendhi, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER The petitioner has challenged the order of transfer dated 15.06.2011 Usilampatti Branch to Law Department, Madurai Branch, Tamil Nadu State Transport Corporation and the consequential relieving order dated 18.06.2011. 2.According to the petitioner, he had rendered 25 years of unblemished record of service, since his induction in State Transport Corporation and that he was a member of Anna Thozhir Sangham for more than 10 year. The fifth respondent, Secretary of the above said Sangham, caused trouble by insisting the petitioner to demand money from Conductors and Drivers, while allotting work to them. The petitioner did not accept the illegal demand of the fifth respondent and that there was difference of opinion and therefore, the petitioner resigned from Anna Thozhir Sangham and Joined in INTUC Union. According to him, to wreck vengeance the fifth respondent has made a complaint to the second respondent stating that the petitioner's presence at Usilampatti Branch would not be conducive and therefore, his transfer has been effected. 3.The allegations stated against the fifth respondent, as well as the second respondent, General Manager, Tamil Nadu State Transport Corporation (Madurai Division), Madurai, impleaded in their individual capacities, are not supported by any materials on record. 4.It is well known that mere averments made in the affidavit does not stand to the test of proof. The allegations of mala fide are not support by any material documents, that only on the complaint of the fifth respondent, the petitioner has been transferred. The order of transfer dated 15.06.2011 is on administrative grounds and it reads as follows; "jpU.V.utpr;re ;jpud;, cjtpahsh; rpwg;g [ gzpahsh; vz; AR06453 vd;gtiu crpyk;gl ;o fpisapypUe;J rl;lj ;Jiwf;F (MCOP) eph;thf fhuzA;fSf;fhf khWjy; bra ;J Mizaplg;gLfpwJ."" 5.As the mala fides alleged are not proved, this Court is not inclined to interfere with the impugned orders. Courts have consistently held that an order of transfer can be interfered only on the following grounds: (i) if it is tainted with mala fide; (ii) if it is in violation of any statutory rules; (iii) if the authority, who has passed the order of transfer, has no jurisdiction to do so. 6.This Court is satisfied that none of the grounds, stated supra, has been made out in the writ petition, warranting interference. Hence, the writ petition stands dismissed. Consequently, connected miscellaneous petitions are also dismissed. No costs. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 625 010. 2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 625 010. 3.The Branch Manager, Usilampatti Branch, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-Pass Road, Madurai - 625 010. +1cc to the Special Govt.Pleader, Sr.no.24128 gcg ssk/29.07.2011 /5c-3p/- W.P.(MD) No.8074 of 2011 21.07.2011 https://hcservices.ecourts.gov.in/hcservices/