IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22/06/2006
CORAM
THE HON'BLE MR. JUSTICE P. SATHASIVAM
AND
THE HON'BLE MR. JUSTICE V. DHANAPALAN
WRIT APPEAL No.659 of 2006
and WAMP.No.1333 of 2006
K. Swaminathan .. Appellant
-Vs-
1.The General Manager
Tamil Nadu Government Transport
Corporation (Kovai) Ltd.,
Coimbatore-Erode Division
Chennimalai Road, Erode-1.
2.The Selection Grade Assistant Manager
(Labour)
Tamil Nadu Government Transport
Corporation (Kovai) Ltd.,
Coimbatore-Erode Division
Chennimalai Road, Erode-1.
3.The Branch Manager
Tamil Nadu Government Transport
Corporation (Kovai) Ltd.,
Nambiyur, Gobi Taluk
Erode 1. .. Respondents
Writ Appeal filed under Clause 15 of the Letters of Patent
against the order of the learned Judge Mr. Justice D. Murugesan, dated
20.04.2006 made in W.P.No.9685 of 2006.
!For appellant : Mr. M.M. Sundaresh
^For respondents : Mr. V.R. Kamalanathan
:JUDGMENT
(Judgement of the Court was delivered by P. SATHASIVAM,J.)
Aggrieved by the order of the learned single Judge dated
20.04.2006 made in Writ Petition No.9685 of 2006, the writ petitioner K.
Swaminathan, Conductor of Tamil Nadu State Transport Corporation, Erode
District has filed the above appeal.
2. Even at the admission stage, the respondents are represented by a counsel.
3. The learned counsel for the appellant by pointing out the reasoning of the
learned Judge, particularly in para 4 of the order dated 20.04.2006, contended
that since the impugned transfer order was passed as a vindictive measure,
which is evident from the file produced before the learned Judge, the order
cannot be sustained. He also contended that the appellant joined Nambiyur
Branch in the year 2004 and several persons, who joined and working at
Nambiyur Branch have not been transferred. He further pointed out that nearly
20 vacancies are there in Nambiyur Branch itself and there is no necessity to
pass the impugned order of transfer.
4. On the other hand, learned counsel appearing for the Transport Corporation
by drawing our attention to the impugned order of transfer contended that the
same was passed due to administrative reasons and there is no ground for
interference.
5. We verified the order of transfer, which is available at page 6 of the
typed set of papers. It simply says that the appellant K. Swaminathan,
Conductor was transferred from Nambiyur Branch to Palani Branch due to
administrative reasons. It is not in dispute that if the employer makes
transfer on administrative grounds, in the absence of any mala fide, there
cannot be any interference in the said order. However, as rightly pointed
out, the file relating to the order of transfer, which was placed before the
learned Judge shows that on 24.03.2006, the appellant, who is a Conductor and
the driver of the vehicle bearing No.TN.33/N 1994 did not stop the vehicle at
the bus-stop meant for the same, which resulted in stopping the vehicle by the
public and there was altercation between the petitioner, driver and the
public. It further shows that with reference to the same, the Corporation has
initiated action by issuing notice by way of separate proceedings. The
details mentioned in para 4 of the order dated 20.0 4.2006 amply show that the
present order of transfer cannot be construed as an order simplicitor or due
to administrative reasons. In such circumstances, without affording an
opportunity to the appellant, the order can not stand. Without going into the
proposed action to be taken against him with reference to the incident said to
have taken place on 24.03.2006, the order of transfer dated 29.03.2006 is
quashed. It is made clear that the Transport Corporation is free to pursue
their Departmental proceedings, if they so desire in accordance with law by
affording opportunity to the appellant.
With the above observation, the writ appeal is allowed. No costs.
Consequently, connected WAMP., is closed.
To
1. The General Manager
Tamil Nadu Government Transport
Corporation (Kovai) Ltd.,
Coimbatore-Erode Division
Chennimalai Road, Erode-1.
2. The Selection Grade Assistant Manager
(Labour)
Tamil Nadu Government Transport
Corporation (Kovai) Ltd.,
Coimbatore-Erode Division
Chennimalai Road, Erode-1.
3. The Branch Manager
Tamil Nadu Government Transport
Corporation (Kovai) Ltd.,
Nambiyur, Gobi Taluk
Erode 1.