IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5334 of 2008 Between: N.Satyanarayana OS GR.I SR DPO(O) HYB S/o.N.Rama Swamy R/o.H.No.3-5-176/2 Krishna Nagar Colony Moulali Hyd ..... PETITIONER AND 1 The General Manager, South Central Railway, Secunderabad 2 The Chief Personnel Officer(Admn) South Central Railways Secunderabad. .....RESPONDENTS 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 issue a writ order or direction more particularly one in the nature of writ of Certiorari calling for the records in O.A No.27/2007 dt.18-06-2007 on the file of Central Administrative Tribunal Hyderabad and quash the same as it is illegal arbitrary consequently direct the respondents herein to continue the service of the petitioner in Hyderabad Division/Secunderabad Division as per the representation dt.01-11-2006. Counsel for the Petitioner: MR.S.A.K.MYNUDDIN Counsel for the Respondents: MR.R.S.MURTHY The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5334 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking to set aside the order. dated 18.06.2007 passed by the Central Administrative Tribunal, Hyderabad in O.A.No.27 of 2007. The petitioner is the applicant before the Tribunal. He filed the above O.A. challenging his transfer from Hyderabad Division to Nanded Division. The Tribunal having observed that the applicant was transferred on administrative grounds from Hyderabad Division to Nanded Division and a Criminal Case is also pending against the applicant in respect of a trap conducted by CBI and that the tribunal cannot interfere with the transfer orders unless malafides are attributed or some illegality is crept in, dismissed the O.A. Having aggrieved by the same, the present writ petition has been preferred. Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents and perused the material available on record. As can be seen from the material available on record, it is apparent that it is the case of the petitioner-applicant that as per the instructions of the Railway Board dated 13.4.1967, an employee, against whom, the criminal proceedings are pending, should not be transferred on one hand and on the other hand, he cannot adjust with the weather conditions at Nanded Division. It is not in dispute that a criminal case is pending against the applicant. Except assigning the above two reasons, no malafides or any irregularities have been attributed in affecting the transfer. Apart from that, the order impugned goes to show that the transfer in question has been affected only on administrative grounds, which fall within the domain of the administration of the authorities, in which, the Courts will not generally interfere with as rightly observed by the tribunal. In this view of the matter, We hold that the findings of the tribunal are on sound footing and they cannot be interfered with. We see no merits in this writ petition and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. ________________________ Justice T. Meena Kumari _____________________ Justice G. Chandraiah Date: 13th March, 2008 Nn/Gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5334 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 13/03/2008