Kancharla Rajendra Kumar v. The State Of Andhra Pradesh
HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.39695 OF 2018 ORDER:
1.
This writ petition is filed seeking to issue a writ of Mandamus declaring the proceedings dated 30.10.2018 issued by the 2nd respondent, whereby the petitioner was transferred from DSCSCS Limited, Guntur to DSCSCS Limited, SPSR Nellore, without notice, enquiry or opportunity of being heard and without jurisdiction, as illegal and arbitrary and consequently, to set aside the proceedings dated 30.10.2018 issued by the 2nd respondent.
2.
Heard Sri M. Krishna Rao, learned Counsel for the petitioner and the learned Government Pleader for Social Welfare (AP).
3.
It has been contended by the petitioner that he is working as junior Assistant and while he was discharging his duties at DSCSCS Limited, Guntur District, certain allegations were made against him, and while acting on the complaints, the 2nd respondent transferred the petitioner from Guntur to Nellore vide proceedings dated 30.10.2018 in the middle of the academic year. Further, it has been contended by the petitioner that he underwent by-pass surgery on 13.10.2018, and without considering the same, the 2nd respondent
transferred him to a far place. It has been further contended by the petitioner that for the post of junior assistant, the appointing authority is the Chairman and District Collector, and in the instant case, the District Collector and Chairman has not passed the orders but the 2nd respondent has passed the orders. Further, it has been contended by the petitioner that the transfer order is punitive and it is based on certain allegations said to have been levelled against the petitioner behind his back and that the respondents without conducting any enquiry as to the truth of such allegations mechanically transferred the petitioner to a far place, that too when the petitioner has undergone by-pass surgery 20 days back. 4.
The learned Counsel for the petitioner contended that the transfer order is punitive and therefore, the same is liable to be set aside.
5.
The learned Government Pleader for Social welfare contended that the authority above the appointing authority passed the order of transfer and that based on certain irregularities, the petitioner was transferred, and in a case of this nature, the Courts will not normally interfere with the transfer orders until and unless such transfer is made with malafide intention, and admittedly, there is such malafide intention. He further contended that based on certain allegations, the transfer orders were issued in the interest of
better administration, and that no illegality has been committed by the respondents in transferring the petitioner to Nellore, and there are no merits in this writ petition and therefore, the writ petition is liable to be dismissed.
6.
Having considered the rival submissions made by the parties, without expressing any opinion on merits of the case, this Court is of the view that ends of justice of justice would be met, if the petitioner is permitted to submit a representation to the respondents concerned, within a period of one week from the date of receipt of a copy of this order.
7.
Accordingly, the Writ Petition is disposed of permitting the petitioner to submit a representation to the respondents within a period of one week from the date of receipt of a copy of this order. Upon such representation being received, the respondents shall consider and pass appropriate orders, by duly taking into account the health condition of the petitioner, within a period of four weeks thereafter. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated:2nd November, 2018.
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HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.39695 OF 2018 2/11/2018 Nn.