IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 4546 of 2009 Between: S. Maqbul S/o. Mastan Ongole Town, Ongole, Prakasam District. ..... PETITIONER AND 1 Election Commissioner of India, Nirvachan Sadan, New Delhi, rep. by its Under Secretary. 2 Chief Electoral Officer and Election Officer / Principal Secretary to Government, Government of A.P., Hyderabad. 3 Deputy Inspector General of Police, Guntur, Guntur District. 4 Superintendent of Police, Prakasam District, Ongole. 5 Director General and Inspector General of Police, Lakdikapul, Hyderabad. .....RESPONDENT(S) 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, order or direction in the nature of Mandamus or otherwise declaring the proceedings D.No.146/2009/C.No.95/A1/09 dt. 21.2.09 issued by the 4th respondent and consequential proceedings No.2203/A1/9 Roo No.51/2009 dt. 21.2.2009 issued by the 3rd respondent and consequential proceedings C.No.22203/a1/2009 Roo No.68/2009 dt. 2.3.2009 issued by the 3rd respondent in so far as it related to petitioner is concerned, as arbitrary, illegal unconstitutional violating Article 14, 16 and 21 of the Constitution of India and further declare the order of the Hon'ble Tribunal in O.A.No.3965/2009 in issuing only notice without granting any interim order as erroneous and contrary to law and issue consequential directions suspending proceedings D.No.146/2009/C.No.95/A1/09 dt. 21.2.09 issued by the 4th respondent and consequential proceedings No.2203/A1/9 Roo No.51/2009 dt. 21.2.2009 issued by the 3rd respondent and consequential proceedings C.No.22203/a1/2009 Roo No.68/2009 dt. 2.3.2009 issued by the 3rd respondent in so far as it related to petitioner is concerned, pending disposal of O.A.No.3965/2009 which is pending before the Hon'ble A.P.A.T. Tribunal with a direction to continue the petitioner as Inspector of Police, Ongole Town pending disposal of O.A.No.3965/2009 and pass Counsel for the Petitioner:MR.P.V.KRISHNAIAH Counsel for the Respondent No.: MR.S.NIRANJAN REDDY The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed with the following prayer: “For the reasons disclosed in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may be pleased to issue a writ order or direction in the nature of Mandamus or otherwise declaring the proceedings D.No. 146/2009/C.No. 95/A1/09 dated 21.2.2009 issued by the 4th respondent and consequential proceedings No. 2203/A1/9 Roo No. 51/2009 dated 21.2.2009 issued by the third respondent and consequential proceedings C.No. 2203/a1/2009 Roo No. 68/2009 dated 2.3.2009 issued by the 3rd respondent in so far as it relates to petitioner is concerned, as arbitrary, illegal unconstitutional violating Article 14, 16 and 21 of the Constitution of India and further declare the order of the Hon’ble Tribunal in O.A.No. 3965/2009 in issuing only notice without granting any interim order as erroneous and contrary to law and issue consequential directions suspending proceedings D.No. 146/2009/C.No. 95/A1/09 dated 21.2.2009 issued by the 4th respondent and consequential proceedings No. 2203/A1/9 Roc No. 51/2009 dt. 21.2.2009 issued by the third respondent and consequential proceedings C.No. 22203/a1/2009 Roo No. 68/2009 dated 2.3.2009 issued by the 3rd respondent in so far as it relates to petitioner is concerned pending disposal of O.A.No. 3965/2009 which is pending before the Hon’ble A.P. Administrative Tribunal with a direction to continue the petitioner as Inspector of Police, Ongole Town pending disposal of O.A No. 3965/2009 and pass such other order or orders as it deems fit and proper.” As regards the proceedings dated 4.2.2009 issued by the first respondent herein, in so far as it relates to instruction No. 4, reads thus: “(vi) The Commission further desires that no official against whom a criminal case is pending in any Court of law, be associated with the election work or election related duty” The learned counsel appearing for the petitioner contended that on 5.2.2009 he was transferred from Nellore to Ongole on administrative grounds in public interest. Thereafter, the authorities have again issued proceedings dated 21.2.2009 transferring the petitioner from Ongole to Nellore, which is his native place. The grounds stated in the transfer order are with regard to administrative grounds in public interest, therefore, the action of the authorities is illegal. We have heard the learned counsel appearing for the petitioner and also perused the impugned order. When once the Tribunal is seized of the matter and there is no decision rendered on merits, it is not fair for this Court to determine the rights of the parties. Hence, we are not inclined to entertain this Writ Petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. However, we direct the Andhra Pradesh Administrative Tribunal, Hyderabad to dispose of the matter as expeditiously as possible preferably within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 06.03.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies