THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.25610 OF 2011 28.09.2011 Between: Dr K.Sambasiva Rao …. Petitioner AND The Chief Administrative Officer, Directorate of Plant Protection, Faridabad, Haryana And others. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.25610 OF 2011 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) The petitioner filed the instant writ petition challenging the order of the Central Administrative Tribunal, Hyderabad, dated 30.08.2011 in O.A.No.788 of 2011 whereby and whereunder the learned Tribunal declined to extend the interim order granted on 09.08.2011 suspending the petitioner’s transfer from Hyderabad to Aizwal, State of Mizoram. The petitioner joined the Directorate of Plant Protection Quarantine and Storage as Plant Quarantine Inspector. He was promoted as Plant Protection Officer (Entomology) in 2007. By an order dated 13.04.2007, he was posted at Plant Quarantine Station, Visakhapatnam. Thereafter he was transferred and posted on 13.10.2010 to Central Integrated Pest Management Centre (CIPMC), Hyderabad. He joined on 01.11.2010. After completion of nine months service, the first respondent herein with the approval of the competent authority ordered the transfer/posting of the petitioner to CIPMC, Aizwal. Challenging the same, the petitioner filed O.A.No.788 of 2011. Inter alia he contended that posting to Aizwal is contrary to the transfer policy, which is arbitrary, illegal, mala fide and discriminatory, and violative of Articles 14 and 21 of the Constitution of India, the first respondent has no power or authority to disturb the petitioner without completion of his tenure of five years as the petitioner is in a non-sensitive post; his transfer is made to accommodate the fourth respondent; the petitioner is going to retire within a period of twenty two months and that his wife is undergoing treatment at Nizam’s Institute of Medical Sciences. The original application came before the learned Tribunal on 09.08.2011. While directing the respondents to file a reply statement, the learned Tribunal suspended the order of transfer for a period of two weeks. The matter was directed to be listed on 24.08.2011. Within the period of two weeks or so, a reply statement was filed by the first respondent also praying to vacate the orders of suspension dated 09.08.2011. While denying the allegations, the first respondent submitted that complaints were received from subordinate staff as well as others working at CIPMC, Hyderabad about the hardship caused to them as a result of arbitrariness shown by the petitioner while discharging his duties as office head, drawing, disbursing and controlling officer of the establishment. An enquiry was ordered by an independent officer. After receiving the report, as an immediate interim measure to restore normalcy in the office and to maintain harmonious intra-staff relations, it was felt necessary to transfer the petitioner. However, after interlocutory orders passed by the Tribunal, the transfer order was kept in abeyance. The matter was listed before the Tribunal on 29.08.2011. The counsel for petitioner was absent and therefore, it was adjourned to 30.08.2011. On that day also, the counsel was absent and request was made for adjournment. While posting the matter to 02.09.2011, the learned Tribunal did not extend the interim order granted earlier for a period of two weeks. The counsel for petitioner and the Assistant Solicitor General for respondents 1 to 3 reiterated the respective positions before us also. Be it noted that the submissions made by the petitioner’s counsel are mainly on the merits of the case. As this writ petition is filed against the interlocutory order refusing to extend the interim order of suspension, it would not be proper for this Court to adjudicate the issues raised by the petitioner. These are to be agitated in the first instance only before the learned Tribunal. The counsel vehemently pointed out that when initially the learned Tribunal passed orders on 09.08.2011 reasons were given but when they refused to extend the interim orders, no reasons were given. We are afraid we cannot accept the submission. At the stage of interlocutory proceedings, the Courts while exercising powers of judicial review – that includes the Tribunal as well – need not give elaborate reasons. When the matter was listed on 09.08.2011, the Tribunal prima facie considered that it is a fit case for suspension for a period of two weeks. By 30.08.2011, the reply statement filed by respondents was very much available before the Tribunal and probably after perusing the same, they declined to exercise discretion in favour of the petitioner. When a discretionary order is passed by the learned Tribunal, it is not proper for this Court to interfere with the said order. It would be in the interest of the petitioner to pursue the matter before the learned Tribunal. We do not find any grave error apparent on the face of record in the order passed by the Tribunal refusing to extend the interim order got earlier. It is well settled that ordinarily the scope of judicial review in the matter of transfers is very limited and when the matter is pending before the Tribunal, it is not proper for this Court to interfere. Further, when this matter was listed before us on 16.09.2011, the learned counsel for respondents brought to our notice that the petitioner was relieved after the Tribunal refused to extend the interim orders. We adjourned the matter directing to produce necessary relieving order. On 19.09.2011, when the matter is called, the Assistant Solicitor General placed before us a copy of the office order No.260/2011, dated 08.09.2011, which is to the effect that consequent upon the order passed by the Tribunal on 30.08.2011 not extending the interim order granted earlier, the petitioner stands relieved from CIPMC, Hyderabad on 08.09.2011 (A.N). This is also one of the reasons for us not to entertain the writ petition. The writ petition, for the above reasons, is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) ___________________ (K.G.SHANKAR, J) 28.09.2011 Pln