THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.18427 of 2011 ORDER: The petitioner is working as an Assistant Manager (Technical) in the A.P. State Civil Supplies Corporation Limited, 1st respondent herein. Through its order, dated 22.06.2011, the 1st respondent placed the petitioner under suspension, on the ground that he did not obey the orders, dated 06.06.2011, through which he was required to work at Mumbai for procurement of Red Gram Dal. The same is challenged in this writ petition. The petitioner contends that on an earlier occasion, he worked at Mumbai and during that period, he suffered sever heart-attack, so much so he was operated at that place. Thereafter, he is said to have suffered ailments leading to hospitalization twice and the 1st respondent has also released the medical bills. It is stated that when he was working in the District Unit of Mahabubnagar, he submitted a representation seeking transfer on medical grounds to Srikakulam and the same was acceded to. The petitioner further submits that soon after receiving the orders of deputing him to Mumbai, he submitted a representation on 10.06.2011 for sanction of 15 days leave and prayed for exempting him from duties. He alleges that with a vindictive attitude, the 1st respondent relieved him on 11.06.2011, though such a course is not contemplated and that the impugned order was passed without considering the application for leave or his request for exempting him from the duties. Heard Sri D.Linga Rao, learned counsel for the petitioner and Sri A.Ravinder Reddy, learned counsel for the respondents. It is not in dispute that the petitioner worked for some time at Mumbai and he suffered heart attack at that place itself. The second important aspect is that on a request of the petitioner, the 1st respondent transferred him to Srikakulam on medical grounds. It may be true that the 1st respondent has the discretion to depute or transfer its employees to work at various places. However, such postings or deputations must be fair and transparent. It is brought to the notice of this Court that there are 26 employees working in the category of Assistant Manager (Technical). The petitioner has already worked for some time at Mumabi. Once he expressed his difficulty, the 1st respondent should have considered the feasibility of entrusting the duties to any other officer. Assuming that the 1st respondent has the ultimate discretion and the petitioner was under obligation to obey it, the representation made by him for sanction of medical leave and requesting exemption from the duties, ought to have been considered before any further steps are taken. Without undertaking any such exercise, the 1st respondent has placed the petitioner under suspension. There is no other allegation. The whole exercise is arbitrary and was unwarranted. The fact that the petitioner had heart attacks thrice and he is working at a place, on being transferred on medical grounds, cannot be ignored. Therefore, the writ petition is allowed and the impugned order is set aside. It is left open to the 1st respondent to depute any other officer of the category of Assistant Manager (Technical) in the place of the petitioner, if need still exists and it shall also be open to him to entrust any other duties to the petitioner in and around Srikakulam. There shall be no order as to costs. __________ 08.08.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.18427 of 2011 Date: 08.08.2011 JSU