THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR Writ Petition No.31063 OF 2010 13-12-2010 Between: V.Prem Kumar Reddy ……….Petitioner And The Government of AP, rep. by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad and others. ………Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.RAVI SHANKAR Writ Petition No.31063 2010 ORDER : (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed assailing the legality and validity of the order dated 03-09-2010 in O.A.No.3192 of 2010, passed by the AP Administrative Tribunal (for brevity ‘the Tribunal’), whereby and whereunder, the Tribunal, while upholding the proceedings of the 3rd respondent, dated 01-05-2010, transferring the petitioner from Khammam District to Adilabad District, dismissed the said O.A. 2. Brief facts of the case are that the petitioner was working as a Senior Assistant in the village of Kusumanchi, Khammam District. While so, the 4th respondent by proceedings dated 25-08-2009 suspended the petitioner from service on the allegation that some misuse of funds has occurred. Again pursuant to the interim orders of the Tribunal, he was reinstated into service, and jointed duty at PHC, Kusumanchi, Khammam District. But however, based on the report of the enquiry officer stating that there are several lacuna on the part of the petitioner in preparing pay bills and maintenance of the cash book etc., the impugned transfer proceedings were issued. Challenging the same, the petitioner approached the Tribunal and filed the present O.A. Considering all the facts and circumstances, the Tribunal dismissed the O.A. confirming the transfer proceedings issued by the 3rd respondent. Aggrieved by the same, the petitioner approached this Court and filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-II and perused the order passed by the Tribunal. 4. As seen from the transfer proceedings, it is clear that according to the directions issued by the Government, and based on the enquiry report given by the enquiry officer, to depute a special audit team to conduct audit on the accounts of PHC, Kusumanchi, Khammam District and for smooth running of the Hospital administration and to avoid tampering of records etc., petitioner is transferred. 5. It is contended by the learned Government Pleader for Services-II that transfer orders were passed so as to see that he should not be retained in the same place as it leads tampering of records as the audit is being likely to be conducted. Hence, the proceedings issued by the 3rd respondent are sustainable under law. 6. It is settled principle of law that transfer is an incidence of service and employee is expected to work wherever he is transferred and he cannot choose the place to which he should be transferred as a matter of right. Therefore, the employee is bound to obey the transfer order. Further, the transfer order can be interfered by this Court only on two grounds viz., i) if the transfer is made with any mala fide intention and ii) if it is made in violation of any statutory rules. Since these two things do not exist in the present case, the transfer order cannot be interfered with. 7. In the circumstances, the Tribunal has rightly declined to exercise the jurisdiction. Therefore, in our considered opinion, there is no jurisdictional error on the part of the Tribunal warranting interference by this Court. The writ petition fails and the same is liable to be dismissed. 8. Accordingly, the writ petition is dismissed. There shall be no order as to costs. _____________________________ JUSTICE GHULAM MOHAMMED Dated:13-12-2010 ________________________ JUSTICE N.RAVI SHANKAR kvr