HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.26507 OF 2009 Dt.4.12.2009 Between: M.Narasaiah .. Petitioner And The Director of Medical & Health, Andhra Pradesh, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.26507 OF 2009 ORDER: (per Sri Justice V.Eswaraiah) Petitioner herein is the applicant in O.A.No.11984 of 2009 on the file of the A.P. Administrative Tribunal. He filed the said O.A. aggrieved by the transfer order in Rc.No.B2/1548/2002, dated 5.11.2009 passed by the Regional Director, Medical and Health Services, Warangal. The O.A. was filed on 16.11.2009 and the Tribunal while suspending the transfer order observed that the interim order does not prevent the respondent authorities from taking punitive action in accordance with the A.P.C.S (CC&A) Rules, if they so desire, to keep him out of the office in the interest of administration and as per the preliminary enquiry report there is prima facie evidence for initiating disciplinary proceedings. Aggrieved by the said interim order, this writ petition has been filed. The perusal of the transfer order itself shows that on a representation made by certain staff members of Primary Health Centre, Devaruppula, an enquiry officer was appointed to enquire into the allegations levelled against the petitioner and the enquiry officer opined that further continuance of the petitioner at Primary Health Centre, Devaruppula, will lead to complications. The Sub Inspector of Police, Devaruppula was also addressed a letter to the office of the 2nd respondent stating that a case has been registered against the petitioner at Police Station, Devaruppula. Accordingly, it was decided to transfer the petitioner on administrative grounds, pending disciplinary action against him. Thereafter, the petitioner was placed under suspension vide orders of the 2nd respondent dated 18.11.2009. Learned counsel for the petitioner submits that the suspension order dated 18.11.2009 placing the petitioner under suspension is only pursuant to the observations made by the Tribunal and therefore the said observations are liable to be set aside. Heard the learned counsel for the petitioner and the learned Government Pleader appearing on behalf of the respondents and perused the records. Initially the transfer order itself indicates contemplation of the disciplinary proceedings. As a matter of fact, on a representation made by the staff members of the Primary Health Centre, Devaruppula, an enquiry officer was appointed and the allegations were enquired into and the enquiry officer prima facie opined that his continuance in the said place is not desirable. The police also registered a case and intimated the same to the Department. We are of the opinion that even in the absence of filing of the O.A. before the Tribunal, it cannot be said that the Department is not entitled to initiate disciplinary proceedings and place the petitioner under suspension in view of the fact that his misbehaviour with the Primary Health Centre staff Smt.Lora and a case has been registered at Police Station, Devaruppula on 3.10.2009. Therefore, he was placed under suspension by the disciplinary authority in exercise of powers under Rule 8(1)(c) of A.P.Civil Services (CC&A) Rules, 1991. However, the said suspension order is not the subject matter of the O.A. If the petitioner is aggrieved by the said suspension order, it is always open for him to question the same. Therefore, we do not see any error committed by the Tribunal and the order of the Tribunal in O.A.No.11984 of 2009, dated 17.11.2009, does not require any correction. The writ petition is accordingly dismissed. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 4.12.2009 kpr