HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NO. 30097 OF 2010 Between: A. Mahender S/o Rajaiah ………….Petitioner AND Government of A.P. represented by its Principal Secretary Revenue ( Excise) Department and four others ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed by the petitioner in the nature of Writ of Certiorari calling for records relating to Order dated 27.10.2010 passed by the Tribunal in O.A.No. 5761 of 2010 and quash the same as illegal by setting aside the proceedings dated 12.8.2010. Brief facts of the case are that the petitioner is working as a Prohibition and Excise Constable in Jangaon, Warangal District. It is stated that the petitioner himself requested for transfer to Warangal as he lost his wife, he has to look after his mother who is aged about 80 years and his son who is studying 2nd class. Accordingly, he was transferred to Warangal vide proceedings dated 10.02.2009 of the first respondent and proceedings dated 11.2.2009 of the 4th respondent respectively. While so, the 4th respondent had issued orders in proceedings dated 12.8.2010 transferring the petitioner from P&E Station, Warangal (Urban) to P&E Station Kodakandla citing administrative grounds. Questioning the said transfer orders, the petitioner filed O.A.No. 5761 of 2010 and the Tribunal dismissed O.A. Aggrieved by the same, the present Writ Petition is filed. The learned counsel appearing for the petitioner submits that the petitioner is facing severe hardship due to transfer as his mother requires regular medical check up as she is aged about 80 years and his son is studying 2nd class. Heard. This Writ Petition is misconceived inasmuch as the petitioner cannot question the transfer or the decision taken by the department on administrative grounds as a matter of right. Transfer is an incidence of Service. This Court cannot interfere with the transfer orders unless it is shown that such transfer order is issued with a malafide intention. Further, in the case on hand the order of transfer is made to maintain discipline and decorum in the department and to protect the image of the department, in contemplation of the disciplinary proceedings, such transfer is not bad under law. As seen from the record, when three Constables fought each other in an intoxicating stage before the Station and created a nuisance, and when departmental inquiry is to be taken, it is not desirable for the delinquent to continue him in the same place, for a fair inquiry. Therefore, we see no reasons to interfere with the order passed by the Tribunal and the Writ Petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _______________________ N. RAVI SHANKAR, J DATE: 1.12.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.