R. Vanaraj v. Principal Chief Conservator of Forests
2016-07-26
T.RAJA
body2016
DigiLaw.ai
ORDER : Mr. R. Vanaraj, challenges the transfer order of the second respondent on the ground that there is no reason mentioned in the impugned order dated 21.05.2016 for transferring the petitioner from Kanyakumari District to Tuticorin District. 2. Learned counsel for the petitioner submitted that after putting 11 years of unblemished record of service, the petitioner was reverted from Forest Guard to Forest Watcher on account of departmental proceedings initiated by the respondents against the petitioner. While so, without assigning any reason, whatsoever, in the impugned order of transfer, the respondents arbitrarily exercised their power by transferring the petitioner from Kanyakumari District to Tuticorin District. The petitioner has been put to double jeo-pardy within a short span of time, that too, when the appeal, dated 21.05.2016, is pending on the file of the respondents. He further submitted that the transfer is nothing but punitive in nature. Therefore, this impugned order is liable to be set aside. 3. Mr. R. Anadharaj, learned Government Advocate was put on notice for the respondents. 4. Be that as it may, it is well settled legal position that the transfer of service is not only an incident service, but also a condition of service, which the employee has to gladly accept it. Needless to mention that once an employer comes to the conclusion that a Government Servant has to be transferred from one place to another place on administrative grounds, the reason need not be mentioned in the impugned order, as alleged by the petitioner, in this Writ Petition. Therefore, the petitioner cannot challenge the correctness of the impugned transfer order merely on the ground that no reason is mentioned in the impugned transfer order. This Writ Petition is bereft of any mertits. Under the said circumstance, this Writ Petition is liable to be dismissed. 5. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.