Challenging the impugned transfer order dated 26.08.2016, the petitioner has filed this writ petition.
2.The transfer of the petitioner from 2014 is tabulated below:- t/vz;
ouhd;!h; bra;j ehs;
gzpg[hpe;j ,lk;
ouhd;!h; bra;j ,lk;
ouhd;!Uf;F mjpfhhp bjhptpj;j fhuzk;
Ouhd;!h; bra;j mjpfhhp kw;Wk; Miz tpguk; cz;ik tptuk;
11/ 21?07?2013 Cj;Jkiy tP.nf.g[Jhh;(t) Kwg;gehL jpUitFz;lk;(t) Jhj;Jf;Fo(kh) blg[nlc&d; 5/1-2 khjk;
bey;iy o/I/$p/ Miz vz; 5291-m1-2014. ehs; 21?10?2014/ bjd;fhrp o/Mh;/ jPOh; Ma;t[ bra;J eltof;if vz;/ 4151-,2-2014. ehs; 01?09?2014d; nghpy; o/I/$p/ Miz vz;/ 5291-m1/2014. ehs; 18?09?2014d; go tpsf;fk; nfl;L jpU/ r/KUfd; 07?10?2014y; tpsf;fk; mspj;J me;j tpsf;fj;jpw;F Kot[ bfhLf;fhky; bjd;fhrp tl;lj;Jf;Fs; 10 gzpapl';fs; fhypahf ,Uf;f ntW khtl;lj;jpy; khw;wk; mspf;fg;gl;Ls;sJ/ 12/ 15?04?2015 Kwg;gehL jpUitFz;lk;(t) Jhj;Jf;Fo(kh) gh;fpl; khefuhl;rp ghisa';nfhl;il(t) jpUbey;ntyp(kh) blg[nlc&d; 2/1-2 khjk;
ghisa';nfhl;il khtl;l gjpthsh; Miz vz; 102-m1-2015. ehs; 15?04?2015 r/KUfd; Ranfhhpf;ifapd; nghpy;
13/ 23?07?2015 gh;fpl; khefuhl;rp ghisa';nfhl;il(t) jpUbey;ntyp(kh) Cj;Jkiy tP/nf/g[Jhh;(t) 21?10?2014y; o/I/$p/ nghl;l blg[nlc&d; uj;J 1 khjk; ghisa';nfhl;il o/I/$p/ Miz vz; 102-m1-2015. ehs; 22?07?2015 kw;Wk; gh;fpl; khefuk; rhh;gjpthsh; Miz vz;/78-2015 ehs; 23?07?2015/ r/KUfd; nkw;goahh; kidtp K/b$ae;jp nfhhpf;if nghpy; 14/ 31?07?2015 Cj;Jkiy tP/nf/g[Jhh;(t) Ruz;il tP/nf/g[Jhh;(t) b$duy; ouhd;!h;
bjd;fhrp o/Mh;/Miz vz;/3229-m1-2015. ehs; 31?07?2015/ 2013?2015 fhyj;jpy; Cj;Jkiy 3 Mz;L fhyk; gzp Koe;jjhYk;. r/KUfd; nfhhpf;if goa[k;/ 15/ 30?09?2015 Ruz;il tP/nf/g[Jhh;(t) tpPurpfhkzp r';fud;nfhtpy;(t) blg[nlc&d; 4 ehl;fs;
bjd;fhrp o/Mh;/Miz vz;/4433-m1-2015. ehs; 31?09?2015/ ve;j xU gzpahsUk; bry;y kWj;jjhy;.
16/ 26?08?2016 Ruz;il tP/nf/g[Jhh;(t) khh;j;jhz;lk; tpst';nfhL(t) fd;dpahFkhp(kh) 1 tUlk; gzpf;fhyk; Kotjw;Fs; eph;thf fhuzk; vd ouhd;!h; JpUbey;ntyp o/I/$p/ Miz vz;/3205-m1-2016. Ehs; 26?08?2016/ bghJ kf;fsplkpUe;J g[fhh; kD vJt[k; fpilahJ/ Ruz;il rg;hp$p!;luhh; vJt[k; g[fhh; vGjtpy;iy/ jiyikaplkhd bjd;fhrp o/Muhy; g[fhh; vJt[k; vGjg;gltpy;iy/ Ruz;ilapy; 1 tUlk; gzpf;fhyk; Kgikahf Koatpy;iy/ hpl;lah;L Mf 21 khj';'fns cs;sJ/ 80 fp/kP/ f;Fs; jhd; ouhd;!h; tH';f ntz;Lk;/ khh;j;Jhz;lk; 165 fp/kP/ Jhuj;jpy; cs;sJ/ kidtp jghy;; Jiwapy; gzpg[hpfpwhh;/
3.According to the petitioner, he has been transferred frequently and more particularly, from 2014, he has not been retained in one particular place for more than a year at any point of time. The petitioner submits that the impugned transfer is hit by mala fides and that he has been victimised and it amounts to punishment transfer.
4.The respondents submit that due to the petitioner's irregular conduct and taking note of unbecoming of the petitioner/Government servant affecting discipline and decorum warranting transfer outside the district, the petitioner has been transferred on administrative grounds. It is further submitted that the place of transfer is not far-off for example, the petitioner's transfer in April 2015 from Murappanadu Sub Registrar's Office to Barkitmangaram is only 8 kms. The petitioner's deputation was considered only at his request in 2014 and not otherwise. It is also stated that departmental action has been initiated against the petitioner under Rule 17(a) of the Tamil Nadu Civil Services (Classification and Control) Rules for his unauthorised absence and punishment of stoppage of increment for a period of three years without cumulative effect was imposed on 03.12.2015. It is further submitted that even after the transfer, there was a trouble given by the petitioner to the administration. Hence, it has been decided to transfer the petitioner.
5.In reply, the petitioner submitted that it is only a punitive transfer and even though the transfer cannot be by way of punishment, but in this case instead of conducting a detailed enquiry for the so-called charge of unbecoming of Government servant, alleged against the petitioner, the transfer has been effected frequently.
6.The tabulation extracted supra produced by the petitioner would clearly show that he has been frequently transferred which cannot be construed as administrative transfer. The petitioner has pleaded and established that the impugned transfer is hit by mala fide and nothing prevented the respondents from initiating disciplinary proceedings if there is any misconduct committed by the petitioner. Even though the petitioner has contended that transfer has been made during non transferable period, this Court is not inclined to advert to the said contention. Since this Court is of the view that frequent transfer is hit my mala fides, this Court is inclined to interfere with the impugned order of transfer.
7.Accordingly, the impugned order dated 26.08.2016 is set aside and the petitioner is directed to report for duty at Sub Registrar Office, Surandai, from where, he was transferred to Marthandam vide impugned order, within a period of one week from the date of receipt of a copy of this order. The respondents shall pass appropriate order permitting the petitioner to join duty at Sub Registrar Office, Surandai. It is also made clear that if there is no vacancy at Sub Registrar Office, Surandai, the petitioner shall be accommodated in the nearest place in the same registration district. However, this order will not preclude the respondents from initiating departmental proceedings against the petitioner if there is any misconduct committed by the petitioner.
Accordingly, this Writ Petition is allowed in the above terms. No costs. Consequently, W.M.P(MD)Nos.12466 and 12467 of 2016 are closed.
To
1)The Deputy Inspector General of Registration, O/o. the Deputy Inspector General of Registration, Consolidated Registration Departments Offices Compound, St.Mark's Street, Near Shankar Colony, Palayam Kottai, Tirunelveli-02, Tirunelveli District.
2)The District Registrar (Admin), O/o. The District Registrar, Railway Feeder Road, Thenkasi, Tirunelveli District..