A.Shanker, v. The Chairman And Managing Director,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.22617 of 2016

ORDER

This writ petition is filed seeking to declare the impugned Memo dated 6.7.2016 of the first respondent, as arbitrary and illegal. The petitioner is working as Divisional Engineer in DPE, RR East, Ranga Reddy District since December, 2014. He was transferred to the said place from Mahabubnagar. He states that his 82 years old mother is dependent on him and his children are studying Engineering and Intermediate at Hyderabad. He challenges the impugned order of transfer dated 6.7.2016 from RR (East) to Hyderabad (Central).

Learned counsel appearing for the petitioner submits that as the petitioner did not complete the period of three years, he should not have been transferred before completion of the said period. He relied on the Division Bench decision of this Court in V.V.Ramana Reddy vs. Chief General manager, Bharath Sanchar Nigam Ltd., Hyderabad[1] and submitted that the transfer cannot be effected by way of punishment.

Learned counsel appearing for the respondents submits that there were several allegations against the petitioner and since the petitioner is working in detection of pilferage of energy wing in order to avoid his exposure to the said allegations, he was transferred from RR East to DE/Construction/Hyderabad (Central), which is hardly at a distance of 20 Kms.

The difficulty expressed by the petitioner with regard to education of his children and dependency of his old aged mother is not going to be affected by virtue of the present transfer. The impugned order of transfer was not passed as a punitive measure and it appears that it was passed in a routine administrative manner. Learned Standing Counsel submitted that the impugned order of transfer was made based on record.

But, as on today, no departmental proceedings are taken up

against the petitioner. In the circumstances, this Court is not inclined to interfere with the impugned order of transfer. Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 21st July, 2016 rkk [1] ALT 2001 (3) 435