IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12470 of 2008 Between: D.Sathaiah S/o.D.Balaiah R/o. BDL, Bhanur, Medak District. ..... PETITIONER AND 1 Inspector General of Central Industrial Security Force, South Zone, Head Quarters, Besant Nagar, Chennai. 2 Deputy Commandant of Central Industrial Security Force, BDL, Bhanur, Medak District. .....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 writ, order or direction, more particularly one in the nature of WRit of Mandamus declaring order of the respondents in transferring the petitioner from BDL Bhanur to NLC, NEYVELI., in pursuance of the 2nd respondent's letter dated 11.6.2008 as illegal, arbitrary and unjust and consequently direct the respondents to continue the petitioner at BDL., Bhanur., and pass such other order or orders. Counsel for the Petitioner:MR.B.SHIVA KUMAR Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12470 of 2008 ORDER: The petitioner is appointed as a Constable in the C.I.S.F. At present, he is working at the C.I.S.F. unit in BDL, Bhanur, Medak District. Through office memo, dated 11.06.2008, he is transferred to the C.I.S.F. unit at Neyveli. The petitioner challenges the same. It is stated that the petitioner met with an accident in the year 1998, when he was on election duty, and it would be difficult for him to discharge the normal duties, in case, he is transferred to Neyveli. Reference is made to a Medical Certificate issued in the year 2003. Heard the learned counsel for the petitioner and the learned Standing Counsel for the C.I.S.F. The record discloses that the petitioner sustained injuries and he was subjected to medical treatment. The physical condition and ability of the petitioner was certified by the Medical Board in September 2006. Though he was found to be not fit to take part in Arms Drill, PT & Parade, Patrolling etc., it was observed that he is fit to discharge certain other categories of duties. In the court of enquiry held on 23.11.2007, the Deputy Commandant opined that the petitioner may be motivated for proceeding on voluntary retirement. However, he intends to continue in service. The disability suffered by the petitioner in the accident did not come in the way of his discharging sedentary duties. The petitioner cannot be expected to continue in the same unit for decades together. This Court is not inclined to interfere with the orders of transfer. Hence, the writ petition is dismissed. However, it is directed that the petitioner shall be assigned such duties, as can be discharged by him, depending upon his present health condition, even at the unit, to which he is transferred. There shall be no order as to costs. _________ 17.06.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12470 of 2008 Date: 17.06.2008 JSU