'Transfer not an alternative for disciplinary action': Madras HC quashes order against sanitary worker

'Transfer not an alternative for disciplinary action': Madras HC quashes order against sanitary worker

Justice R Suresh Kumar, who passed the order, directed the authorities to instead initiate disciplinary proceedings against her and also conclude the proceedings within three months.

Published: 20th July 2020 12:22 PM 

Madras High Court 

By Express News Service

MADURAI: Observing that transfer is not an alternative for disciplinary action, the Madurai Bench of Madras High Court quashed a transfer order against a sanitary worker in the Government Homeopathy Medical College Hospital in Thirumangalam.

Justice R Suresh Kumar, who passed the order, directed the authorities to instead initiate disciplinary proceedings against her and also conclude the proceedings within three months.

The direction was given on a petition filed by sanitary worker R Mayammal challenging her transfer to Ramanathapuram Siddha hospital. The petitioner's counsel objected the transfer, stating that inter-district transfers are uncommon among sweepers. But the government counsel contended that the petitioner frequently quarrelled with her superiors, teachers and even with the students and that the transfer order was the result of her actions.

However, the judge observed, "Instead of initiating a disciplinary proceeding, of late, it has become a routine action on the part of the authorities to transfer such alleged trouble-monger/employee from one place to another, so that the trouble can be brought under control temporarily." 

​But transfer cannot be a solution or an alternative for controlling erring employees and the right method would be to initiate disciplinary action as per Service law, he opined and passed the above order.