A.Raghava Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 3952 AP

         HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI


                      Writ Petition No.17460 of 2022
Order:

        This Writ Petition is filed questioning the proceedings of the 3rd

respondent dated 22.06.2022 transferring the petitioner from the post of

Sub-Registrar (Category-A), Patamata SRO to Sub-Registrar (Category-A),

Tanuku SRO on administrative grounds, as illegal and arbitrary.

The case of the petitioner is that he was appointed as Junior

Assistant in Agricultural Department in the year 1993; in the year 2011 he

was promoted as Sub-Registrar (Grade-II) and thereafter as

Superintendent in the office of the Deputy Inspector General, Stamps and

Registration at Vijayawada; pursuant to the counselling conducted on

17.06.2022, he was promoted as Sub-Registrar (Category-A) and placed

as Sub-Registrar at Patamata office through proceedings dated

17.06.2022; he assumed office at Patamata on 20.06.2022; while so,

again proceedings were issued by the third respondent on 22.06.2022

transferring the petitioner as Sub-Registrar, Tanuku; the said transfer was

made purely on political consideration to accommodate some other person

at Patamata. Hence, the Writ Petition.

Counter affidavit is filed by the third respondent stating, inter alia,

that the SRO, Patamata is one of the huge revenue yielding office in the

State and there is a proposal for posting a District Registrar to discharge

the duties of Joint Sub-Registrar, SRO, Patamata and hence the petitioner

was transferred on administrative grounds to Tanuku. It is also stated

that while the petitioner was working as Sub-Registrar, Avanigadda was

involved in ACB surprise check in the year 2018 and an enquiry with

regard to the same is pending.

Reply affidavit is filed by the petitioner stating, inter alia, that the

District Registrar cannot be posted in the Sub-Registrar's office to

discharge the duties of the Joint Sub-Registrar and that the transfer is

effected with mala fides and that the Hon'ble Supreme Court in a decision

reported in Kendriya Vidyalaya Sangathan v. Damodar Prasad

Pandey1, held that if the transfer order is vitiated by mala fides or in

violation of the guidelines, the same can be interfered with by the Courts

and that the employee cannot be transferred as a punitive measure. It is

further stated that one of the officer who is facing similar ACB case is

posted as Joint Sub-Registrar in the registration office, Gandhi Nagar,

Vijayawada.

The judgment relied upon by the petitioner in Kendriya

Vidyalaya Sangathan's case (supra), does not apply to the facts of the

present case. The petitioner could not show the violation of any of the

guidelines issued to transfer an employee and the Hon'ble Supreme Court

held that if the transfer is vitiated by mala fides the same can be

interfered with, but in the present case, except attributing mala fides in

the reply affidavit, the party against whom mala fides are attributed is not

made party by name. Hence, the said ground cannot be taken into

consideration. As the petitioner is facing ACB case, he cannot insist for

posting him in a particular place, more so when the transfer is made on

administrative grounds. The Writ Petition is devoid of merits and the

same is liable to be dismissed.

2004(12) SCC 299

Accordingly, the Writ Petition is dismissed. There shall be no order

as to costs.

As a sequel thereto, the miscellaneous applications, if any, pending

in this Writ Petition, shall stand closed.

_____________________________ KONGARA VIJAYA LAKSHMI, J Date:13.07.2022 Nsr

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

Writ Petition No.17460 of 2022

Date:13.07.2022 Nsr