Justice S Vaidyanathan in his order observed, “Mere description of the pendency of the criminal case in the subject cannot be said to be arbitrary, biased or illegal. It is pertinent to mention here that if a person is charged with misconduct, then the said person has got to be transferred or shifted and in that case, it will be construed as a stigma, is an ancient theory. Under some pretext or the other, orders are obtained against the order of transfer, with which employees attempt to serve for decades in the same place.”
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Stigma associated with transfer orders is ‘ancient theory’: HC
The court made the observation while refusing to quash a transfer order issued against a Revenue Inspector who faces trial in a corruption case.
Published: 14th April 2021 05:27 AM | Last Updated: 14th April 2021 05:27 AM | A+A A-
Madras High Court Madras High Court (File Photo| PTI) By Express News Service
CHENNAI: Observing a trend wherein transfer orders are challenged under one pretext or the other such that employees continue to serve for decades in the same place, the Madras High Court asserted that the notion of such orders issued over charges of misconduct to being associated with stigma is “ancient theory”.The court made the observation while refusing to quash a transfer order issued against a Revenue Inspector who faces trial in a corruption case.
The issue pertains to G Srinivasan, who is working as a Senior Revenue Inspector, being charged with a criminal case under the Prevention of Corruption Act. However, the Commissioner of Revenue Administration, Disaster Management & Mitigation Department recently transferred him to Tirupattur district Revenue unit on “administrative reasons”. The petitioner alleged that his case was still pending in the trial court (in Salem) and that the charges against him have not been proven yet.
Justice S Vaidyanathan in his order observed, “Mere description of the pendency of the criminal case in the subject cannot be said to be arbitrary, biased or illegal. It is pertinent to mention here that if a person is charged with misconduct, then the said person has got to be transferred or shifted and in that case, it will be construed as a stigma, is an ancient theory. Under some pretext or the other, orders are obtained against the order of transfer, with which employees attempt to serve for decades in the same place.”
Refusing to quash the order, the court further observed, “… by getting an order/interim order, the employees would continuously serve in the same place for decades. In case of breach of trust, offences involving criminal nature and the like, the employee should be transferred and it cannot be questioned on the ground of causing stigma.” The judge also directed the Salem court to complete the case against the Revenue Inspector within one month.
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