Madras High Court: S.M. Subramanium, J., dismissed a petition filed against the transfer order of passed against the petitioner, an Assistant Executive Engineer.

The petitioner was transferred from Madhuranthagam Sub-Division, Kancheepuram District to Krishnagiri Sub-Division, Krishnagiri District. The transfer order was challenged by the petitioner. Ravi Shanmugam, Advocate appearing for the petitioner stated that the reasons stipulated in the impugned order were false and far beyond the truth. Allegations were also made against officials of the Department.

The High Court was of the view that unsubstantiated allegations can never be considered in the writ petition, more so when the impugned order was an administrative transfer. It was noted that a total of 69 officials were transferred pursuant to instructions made by the Election Commission of India. Reiterating that transfer is a condition of service, the Court stated, “Transfer is not only an administrative necessity, but required to avoid all sort of familiarity of these public officials with the public of that locality. Thus, administrative transfers are issued uniformly and by adopting a consistent principle.” Also, the Court was of the considered opinion that “in case of raising allegations of mala fides, the authority against whom such an allegation is made ought to be impleaded as a party respondent in the writ petition in his personal capacity.” In such view of the matter, the Court found no reason to entertain the present petition and the same was dismissed. [N. Babu v. Department of Rural Development and Panchayati Raj, 2019 SCC OnLine Mad 710, dated 07-03-2019]

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