1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12/07/2011 CORAM THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.7699 of 2011 T.Ponraj :Petitioner -Vs- 1.The Superintending Engineer,Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District. 2.A.Bagavathiappan Pillai, Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board,Nagercoil,Kanyakumari District. :Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records on the file of the first respondent in pursuant to the impugned order of transfer passed by him in K.No.012059/Nipi.1/Pi.1/2011-1, dated 30.06.2011 and quash the same as illegal and consequently direct the respondents to allow the petitioner to continue in the same place i.e.Town-4,TNEB,Nagercoil. For petitioner :Mr.G.Thalaimutharasu For respondents:Mr.T.S.Mohammed Mohideen,Addl. Government Pleader ORDER Challenging the impugned order of transfer passed by the first respondent in K.No.012059/Nipi.1/Pi.1/2011-1, dated 30.06.2011, the petitioner has filed this writ petition. 2.A bare reading of the impugned order itself shows that the transfer has been effected purely on administrative grounds. 3.The contention of the petitioner that the Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity board, Nagercoil, Kanyakumari District, has no jurisdiction to pass an order of transfer. 4.As per the board proceedings in B.P.Ms.(Ch) No.170 (Administrative Branch), dated 22.03.1986, and that the Divisional Engineer alone is competent to effect transfer, cannot be countenanced for the reason that as per the Board proceedings referred to above, transfer and postings of the entire regular work establishment staff within the Division can be dealt with by the Divisional Engineer and it does not mean that a Superior authority, namely, the Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity board, Nagercoil, Kanyakumari District, has no jurisdiction and issue any order of transfer. 5.As per the rules, the Superintending Engineer, Kanyakumari Distribution Circle, the first respondent herein, is a Superior authority and therefore, if any transfer is effected by a superior authority, it cannot be said that it is without any jurisdiction. Further, the allegations of malafide, in effecting the transfer, are not substantiated with any material documents. The learned counsel for the petitioner assailed the impugned order only on the jurisdiction and malafide. It is well settled in catena of decisions that an order of transfer can be interfered only, if it is found contrary to the statutory rules or malafide pleaded is proved by materials. Useful reference can be made to few decisions of the Apex Court. 6.In State of U.P., v. Siya Ram reported in 2004 (7) SCC 405, the transfer order was assailed on the ground that it was punitive in nature The Supreme Court, while testing the correctness of the order, at Paragraph 5, held that, https://hcservices.ecourts.gov.in/hcservices/ 2 "5.The High Court while exercising jurisdiction under Articles 226 and 227 of the Constitution of India had gone into the question as to whether the transfer was in the interest of public service. That would essentially require factual adjudication and invariably depend upon peculiar facts and circumstances of the case concerned. No government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place or place of his choice since transfer of a particular employee appointed to the class or category transferable posts from one place to other is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the courts or tribunals normally cannot interfere with such orders as a matter of routine, as though they were appellate authorities substituting their own decision for that of the employer/management, as against such orders passed in the interest of administrative exigencies of the service concerned." 7.In the latest decision in Somesh Tiwari v. Union of India reported in 2009 (2) SCC 592, the Supreme Court held that, "An order of transfer in an administrative order. Transfer, which is ordinarily an incident of service should not be interfered with, save in cases where inter alia mala fides on the part of the authority is proved. Mala fides are of two kinds – first, malice in fact and 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 to passing of an order of transfer and based on an irrelevant ground, i.e., on the allegations made against the appellant in an 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. No vigilance enquiry was initiated against the appellant. Transfer order was passed on material which was non-existent. The order suffers not only from non-application of mind but also suffers from malice in law." In the case on hand, no ground has been made out in the writ petition for interference of this Court. 8.In view of the above, I do not find any reason to interfere with the order of transfer and hence, the Writ Petition is dismissed. No costs. Consequently connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (RTI Act) / TRUE COPY / Sub Assistant Registrar To:1.The Superintending Engineer,Kanyakumari Electricity Distribution Circle Tamil Nadu Electricity Board,Nagercoil,Kanyakumari District. 2.A.Bagavathiappan Pillai, Superintending Engineer, Kanyakumari Electricity Distribution Circle, Tamil Nadu Electricity Board, Nagercoil, Kanyakumari District. +1CC to Mr.G.Thalaimutharasu, Advocate. SR.No.22754. +1CC to The Special Government Pleader. SR.No.22885. RP/14.07.2011/2P/5C. WP.No.7699 of 2011 and MP.Nos.1 and 2 of 2011,12/07/11. https://hcservices.ecourts.gov.in/hcservices/