IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JAUNUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 122 of 2009 Between: M. Padmaja D/o. Malakondaiah JFCM Court, Addanki, Prakasam District. ..... PETITIONER AND 1 The Director of Prosecution Government of Andhra Pradesh, Hyderabad. 2 The Principal Secretary, Home Department, Government of A.P. Secretariat Buildings, Hyderabad. 3 K. Srinivasa Rao Additional Judicial First Class Magistrate, Addanki, Prakasam District. .....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 an order or direction more particularly in the nature of writ of Certiorari to call for the records in OA No. 10793/2008 on the file of the A.P. Administrative Tribunal, Hyderabad and suspend the impugned Orders C.No. 1969/B1/08 dt. 18/19-12-2008 issued by the 1st respondent pending disposal of the O.A.No. 10793/2008 on the file of the A.P. Administrative Tribunal, Hyderabad by setting aside the orders dt. 23-12-2008 in OA No. 10793/2008 on the file of the A.P. Administrative Tribunal, Hyderabad in the interest of justice. Counsel for the Petitioner:MR.P.NAGENDRA REDDY Counsel for the Respondents: GP FOR HOME The Court made the following : HON’BLE SRI JUSTICE D.S.R. VARMA AND HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO. 122 OF 2009 Order: (Per Hon’ble Sri Justice D.S.R. Varma) Assailing the order dated 23.12.2008 of the A.P. Administrative Tribunal, Hyderabad made in O.A. No. 10793 of 2008, the petitioner filed the present writ petition. The facts in brief are that the petitioner herein has been appointed as Assistant Public Prosecutor in the year 1998 and she has been working as such till now. According to the petitioner, the Additional Judicial First Class Magistrate of First Class, Addanki, Prakasam District, the 3rd respondent herein, developed prejudice and ill will against her on the ground that she has addressed a letter to the Chief Justice of this Court stating that the 3rd respondent is not cooperating and permitting her to lead the important prosecution witnesses and is not allowing her to mark certain material objects. While so, on 30.10.2008, the 3rd respondent issued a show cause notice to the petitioner calling upon her to explain as to why she shall not be punished for the offence under Section 228 of I.P.C., against which, the petitioner filed a Criminal Petition No. 7153 of 2008 before this Court seeking to quash the said show cause notice. It appears, in the meantime, the Director of Prosecutions, Government of A.P., Hyderabad, the 1st respondent herein, issued a transfer order vide proceedings bearing C.No. 1969/B1/08, dated 18/19.12.2008, transferring the petitioner from Addanki to Kanigiri, pending enquiry. Assailing the said order, the petitioner filed O.A. No. 10793 of 2008 before the Tribunal and the Tribunal, through the impugned order dated 23.12.2008, while admitting the O.A. issued notice to the respondents therein. Aggrieved, the petitioner filed the present writ petition. Admittedly, through the impugned order dated 23.12.2008, the Tribunal only ordered notice on the main O.A. On a perusal of the transfer order dated 18/19.12.2008, it is seen that the enquiry initiated against the petitioner is still pending. In view of the fact that the transfer order is only incidental and ancillary to the job of the Asst. Public Prosecutor, more so, when an enquiry is pending against the petitioner, we do not see any ground to entertain the writ petition. The writ petition is accordingly dismissed. No costs. _____________ D.S.R. VARMA,J ______________ V. ESWARAIAH,J Date: 7.1.2009 pnb