IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.02.2011 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P. Nos.13767 and 13768 of 2009 & M.P.Nos.1+1 and 2+2 of 2009 1. C.Renugopal .. Petitioner in W.P.No.13767/2009. 2. P.Kumanan .. Petitioner in W.P.No.13768/2009. Vs. The Superintendent of Police District Police Office, Tiruvannamalai District @ Tiruvannamalai .. Respondent in both the writ petitions. Writ petitions are filed under Article 226 of Constitution of India for the issuance of a writ of Certiorarified Mandamus, calling for the records pertaining to the order of transfer passed by the respondent herein in his Rc.No.A1/8528/2009, D.O.No.563/2009 dated 01.06.2009 insofar as the petitioners are concerned and quash the same and consequently direct the respondent herein to allow the petitioners to continue at Chengam Police Station (in W.P.No.13767/09) and in Pudupalayam Police Station (in W.P.13768/09) for their remaining tenure. For Petitioner : Mr.Ravi Shanmugam For Respondents : Mrs.E.Ranganayaki Govt. Advocate C O M M O N O R D E R This judgement shall dispose off W.P.Nos.13767 and 13768 of 2009, as the common question of law and facts are raised in these writ petitions. 2. The petitioners in these writ petitions joined Police service as Grade-II Police Constables and were promoted as Head Constables . The petitioners received several rewards, for efficient services and have been subjected to only one minor punishment. https://hcservices.ecourts.gov.in/hcservices/ 3. The petitioners are aggrieved by transfer order, which reads as under: "Rc.No.A1/8528/2009 District Police Office Dated:01.06.2009 Tiruvannamalai District D.O.No.563/2009 TRANSFER AND POSTING OF HCs – ORDERS ISSUED The following Head Constables are transferred and posted to the placed noticed against them each on adverse grounds with immediate effect. Sl.N o. Rank No. & Name Present P.S. Transferred & Posted to 1 HC 801 Sakthivel Chengam P.S. Vandavasi South P.S. 2 HC 739 Renugopal Chengam P.S. Vandavasi South P.S. 3 HC 445 Aruljothi Chengam P.S. Vandavsi South P.S. 4 HC 782 Purushothaman Chengam P.S. Vandavasi South P.S. 5 HC 866 Martin Joseph Chengam P.S. Vandavasi South P.S. 6 HC 1216 Kumanan Pudhupalayam Peranamallur P.S. 7 HC 1365 Ragubathi Sathanurdam Peranamallur P.S. 2. They must serve in Vandavasi P.S. / Peranamallur P.S. For 3 years and they should not be posted to any sensitive place after completion of their tenure in Vandavasi P.S. / Peranamallu P.S. without fail. A1 Assistant is instructed to make necessary entries in their Service Rolls in this regard and compliance reported to Superintendent of Police, Tiruvannamalai District. 3. Inspectors of Police concerned are instructed to relieve them immediately with instructions to report at the Station to which they are posted without availing any joining time and inform their dates of relief / joining to this office once. 4. The Dy. Superintendent of Police, concerned shall ensure compliance of this orders. Sd/-S.Panerselvam Superintendent of Police, Tiruvannamalai District" https://hcservices.ecourts.gov.in/hcservices/ 4. The petitioners challenge the impugned order on the ground, that this order of transfer is not for administrative exigency of service or in public interest, but by way of punishment. The case of the petitioners is that before passing impugned order of transfer, no enquiry was held nor any show cause was issued, pointing out any irregularity. The respondents, without complying with principle of natural justice have passed stigmatic order. 5. The reading of impugned order shows, that directions have been issued not to post the petitioners to any sensitive place, even after completion of tenure on the post. It has also been directed that entries be made in service rules in this regard, thus, leaving no manner of doubt that the impugned order is not simple order of transfer. 6. Learned counsel for the petitioners is right in contending, that it is not a simple order of transfer in exigency of service or public interest, but something else weighed in the mind of competent authority, while ordering transfer. This is not permissible in law. It is now settled that before passing any adverse order against an employee, he is required to be heard by pointing out the lapse, if any. In a civilised society, a person is supposed to know, if there is anything adverse against him, furthermore, he is also entitled to explain his position. 7. The impugned order is nothing, but colourable exercise of power, which cannot be sustained in law, being violative of Article 14 of the Constitution as also being violative of principles of natural justice. 8. Consequently, the writ petitions are allowed, the impugned order is set aside. No costs. Connected miscellaneous petitions are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ar https://hcservices.ecourts.gov.in/hcservices/ To The Superintendent of Police District Police Office, Tiruvannamalai District @ Tiruvannamalai 2 ccs to Mr. Ravishanmugam, Advocate, Sr. 10806 W.P. Nos.13767 and 13768 of 2009 RSY (CO) kk 7/3 https://hcservices.ecourts.gov.in/hcservices/