HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. CHANDRAIAH WRIT PETITION NO. 27850 OF 2009 Between: M. Vijay Bhaskara Reddy ..... PETITIONER AND 1. A.P. State Consumer Disputes Redressal Commission, Eruvaka Building, Khairatabad and three others .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Certiorari to call for the records relating to G.O.Rt.No. 126 Dt. 18.12.2009 issued by the Consumer Affairs Food and Civil Supplies (III) Department and consequential proceedings of 4th respondent vide Roc No. 8/2009/APSCDRC/Admn/dated 18.12.2009 and quash the same as illegal. This is a simple case of transfer. Brief facts of the case are that after the retirement of the petitioner as District Judge, the Government of Andhra Pradesh was pleased to appoint him as the President, District Consumer Forum II, East Godavari at Rajahmundry as per orders dated 16.4.2007 vide G.O.Rt.No. 40 dated 12.4.2007. After that the petitioner made several representations to post him at Hyderabad and his request was culminated and posted him to Hyderabad as per G.O.Rt.No. 21, Consumer Affairs, Food and Civil Supplies III Department, dated 5.3.2009. It is stated that the 4th respondent, the Registrar of A.P. State Consumer Disputes Redressal Commission issued the proceedings dated 18.12.2009 enclosing a copy of G.O.Rt No. 126 dated 18.12.2009 Consumer Affairs Food and Civil Supplies (III) Department, transferring the petitioner from Hyderabad Consumer Forum I to the District Forum East Godavari at Rajahmundry without any reason. Being aggrieved by the same, the present Writ Petition has been filed. Learned counsel appearing for the petitioner Sri T. C. Krishnan vehemently contended that on health grounds the petitioner made several representations to transfer him from District Forum East Godavari at Rajahmundry to Hyderabad Consumer Forum I and finally his request was culminated and posted the petitioner to Hyderabad as per G.O.Rt No. 21 dated 5.3.2009 but the 4th respondent with malafide intention issued proceedings dated 18.12.2009 transferring the petitioner from Hyderabad Consumer Forum I to the District Forum East Godavari at Rajahmundry without giving any reasons that too within a short span of 9 months. A counter affidavit has been filed on behalf of respondents 1 and 4 denying all the allegations made by the petitioner on various grounds, but we are not inclined to go into all those aspects. One of the allegations is that the Selection Committee reviewed the transfer of the petitioner from Hyderabad to Rajahmundry six months later by taking into consideration the fact that after assuming charge in Hyderabad, the writ petitioner started interfering with the administration and in fact he went to the extent of addressing a DO letter straight away to the Hon’ble President as the Chairman and Members of the Selection Committee canvassing for the extension of the term of the members due to expire, pending their applications for consideration for second term/appointment. Now the question that arises for consideration is as to whether this Court can interdict the transfer proceedings. An employee, even a retired District Judge, who has assumed the duties of a District Forum cannot choose the place of his choice. It is the employer who has to give posting and transfer is an incidence of service. The area of interference by this judicial review is very narrow and limited. Unless the transfer order is violative of statutory rules or it is acted with proved malafides, the same cannot be interfered with by this Court. The petitioner cannot claim as a matter of right and ask to retain him at one place. Once he assumed his charge, the question of retaining him at one place does not arise and it is for the employer to place an employee according to needs and exigencies. In view of the above, we see no reason to interfere with the order impugned and accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _______________________ GHULAM MOHAMMED,J _________________________ G. CHANDRAIAH ,J DATE: 21.06.2010 KA Note: Furnish copy in two days. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.