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HC sets aside en masse transfer of vigilance officials of Chennai Corporation

Press Trust of India  |  Chennai 

The has set aside a order directing en masse transfer of all officials serving in the cell of the Corporation, saying such a direction at best could be issued on a PIL.

A division bench of Justices T S Sivagnanam and Bhavani Subbaroyan Wednesday partly allowed a writ appeal by the Corporation against the order issued by Justice S M Subramaniam on August 30.

The bench noted that en masse transfer order was passed on a petition which was filed by a third party and the direction was issued as if it was a Public Interest Litigation (PIL).

The bench, however, said necessary steps need to be taken for periodical transfer of officials in cell and the activities of the cell must be monitored by the of Corporation.

The in his appeal submitted that the directions issued by the traversed well beyond the scope of the writ petition.

The ought not have directed en masse transfer of all the officials in cell of Greater Corporation without even issuing notice to them which is in gross violation of natural justice, he claimed.

The bench concurred with the submissions of in connection with the en mass transfer of the officials.

"Though the court is empowered to issue directions concerning the grievance of the petitioners, we find that the direction of en mass transfer of Vigilance cell officials is in the nature of a Public Interest Litigation (PIL)," it observed.

If at all such a direction needs to be given it has to be given by a Division Bench headed by or the Division Bench authorised by the Chief Justice, it said, adding the direction issued for en masse transfer was an "inappropriate one."

The judges eschewed the observations made against the with respect to illegal constructions and irregularities in the civic body.

"The observations in the Para 36 of the order needed to be eschewed as the of Chennai was not impleaded as respondent in his personal capacity and the usage of strong words against the shall stand eschewed," they said.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, February 07 2019. 18:50 IST
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