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Tamil Nadu
High Court declines to quash Kodai DSP’s transfer order
Staff Reporter
MADURAI: The Madras High Court Bench here has declined to quash an order passed by the Director General of Police transferring K. Kaliraj, Deputy Superintendent of Police, Kodaikanal Division, to Nagapattinam.
Dismissing a writ petition filed by the DSP, Justice K. Suguna said that she found no illegality in transferring the petitioner within nine months of his posting without mentioning any reason in the transfer order.
“As far as transfer is concerned, it is not a punishment and it is not the case of the petitioner that by the impugned order of transfer, he is facing either loss of emoluments or loss of status. Consequently, I am of the opinion, there is no need to give any reason in the impugned order of transfer,” the Judge said.
She also recalled that the First Bench of the High Court in Member Secretary vs. R. Radhakrishnan (2005) case had taken a view that there was no need to mention reasons in the transfer order as it was administrative in nature and not a quasi judicial order.
The Judge agreed with the Additional Advocate General T. Raja that Kodaikanal was a tourist place often crowded with tourists including VIPs and hence there needed to be effective policing to prevent anti-social elements.
“When public safety is involved, certainly that has to be given primary importance than the individual interest,” she said and added that the AAG also pointed out certain allegations against the DSP with regard to his inefficiency of service. Ms. Justice Suguna further said that the High Court in Samraj vs. The Commissioner of Police (2007) case had held that it was not mandatory to retain a member of the uniformed services in a particular place for three years. A police officer could be transferred irrespective of the fact whether he had completed three years or not.
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