IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.3278 of 2009 Between: L.Satyanarayana S/o.Gopal District Court, Nalgonda, Nalgonda District U/Transfer to Kodad ..... PETITIONER AND The District and Sessions Judge, Nalgonda Nalgonda District .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or orders or directions particularly in the anture of writ of mandamus calling for the records pertaining to the impugned proceedings Dis.No.1577/2009/A1 dated 12.2.2009 of the District Judge, Nalgonda,and set aside the same as illegal, arbitrary, and contrary to law, violative of principles of natural justice discriminative in nation as a punishment in the interest of justice and pass Counsel for the Petitioner:MR.M.V.RAJA RAAM Counsel for the Respondent No.: G.VIDYASAGAR (SC FOR APHC) The Court made the following: Form-NIC-OGS/WP{TRK} THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.3278 of 2009 ORDER: (per Hon’ble Sri Justice Vilas V.Afzulpurkar) The writ petition is filed questioning the order of transfer, whereunder, on administrative grounds, the petitioner was transferred from the post of Attender, District & Sessions Court, Nalgonda, and posted as Attender to the Court of Junior Civil Judge, Kodad. The learned counsel for the petitioner contends that the aforesaid order of transfer is not a pure administrative transfer, but has been affected as the petitioner had filed legal proceedings questioning the promotion of one Prabhakar. The learned counsel contends that because the writ petition No.1417/2009 was preferred by the petitioner questioning the said promotion, the petitioner is deliberately transferred to Kodad, which is 90 kilometres away from Nalgonda. He also contends that he was recently transferred on 23.07.2008 and he has been victimized for no fault, and as such, claims that the impugned transfer is nothing but arbitrary and is a sort of punishment imposed against the petitioner. Except self-serving statement of the petitioner there is absolutely no material to support that the impugned order of transfer is otherwise than on administrative grounds. It is well settled that mere order of transfer, which is an incident of service, cannot be interfered with, in the absence of any arbitrariness or mala fides, evident on the face of record. The impugned order itself shows that it is merely an administrative transfer and not even a sort of punishment as contended by the petitioner. We, therefore, see no reasons to exercise the power under Article 226 of the Constitution of India in this matter. However, if the petitioner has any grievance, it is open for him to make an appropriate representation to the competent authority, and on receipt of such representation, the competent authority may consider and dispose of the same, in accordance with law. With the above observations, the writ petition is dismissed. ___________________ V.ESWARAIAH,J ___________________________ VILAS V.AFZULPURKAR,J Dated: 03.03.2009 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District and Sessions Judge, Nalgonda Nalgonda District 2 2 CD copies