THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.21258 OF 2009 Dated: 15.10.2009 Between: E. Subba Rao …. Petitioner And 1. State of A.P. rep. by its Principal Secretary to Social Welfare Department, Secretariat, Saifabad, Hyderabad., and 4 others. …. Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.21258 OF 2009 ORDER: The petitioner herein is working as a Trained Graduate Teacher (Social Studies) in APSWRS/JC, Dwaraka Thirumala, West Godavari District. This writ petition is filed seeking a declaration that the order dated 25.09.2009 passed by the 2nd respondent – Chairman, A.P. Social Welfare Residential Educational Institution Society - thereby transferring the petitioner from APSWRS/JC Dwaraka Thirumala, W.G. District to APSWRS/JC, Godi, E.G. District as arbitrary and illegal. It is primarily contended that the impugned order is without jurisdiction since the 3rd respondent alone is competent to transfer the teaching and non-teaching staff working in APSWREI Society as per G.O.Rt.No.470, Social Welfare (RS-1) Department, dated 26.6.2009. Moreover, since a remedy of appeal is provided to the 2nd respondent against any order passed by the 3rd respondent herein under G.O.Rt.No.470, dated 26.6.2009 the impugned order virtually amounts to depriving the petitioner the valuable remedy of appeal. It is further contended that since the petitioner has been working at Dwaraka Thirumala from June, 2006 and has only completed three years of service, the impugned transfer is contrary to G.O.Rt.No.470, dated 26.6.2009 under which compulsory transfer can be effected only after completing 5 years of service. That apart, the petitioner was not asked to opt for places of preference and no counselling was conducted as provided under G.O.Rt.No.470, dated 26.6.2009. Hence, according to the petitioner, the impugned order of transfer is arbitrary, illegal and without jurisdiction. A counter-affidavit has been filed by the 3rd respondent on behalf of the respondents stating that the impugned transfer was ordered for smooth functioning of the institution on administrative grounds as the petitioner was interfering and disturbing the administration of the school. The 2nd respondent – Chairman of the 2nd respondent society - passed the impugned order of transferring the petitioner on administrative grounds to APSWRS/JC, Godi, East Godavari District where number of vacancies are available in the interest of the students. It is further contended that G.O.Rt.No.470, dated 26.6.2009 which deals with general transfers is not applicable and that the impugned transfer is ordered on administrative grounds. Further, the 2nd respondent being Chairman of the Society is competent to transfer and take disciplinary action on the petitioner and if aggrieved, as per the service rules a remedy of appeal to the Board of Governors is available to the petitioner. Hence, the writ petition cannot be maintained. I have heard the learned counsel for both the parties and perused the material on record. From the stand taken by the respondents in the counter-affidavit, it is clear that the impugned order of transfer was effected on account of alleged interference by the petitioner with the administration of the school. Thus apparently it is a punitive action but not a transfer on mere administrative grounds. It is true that it is always open to the disciplinary authority to take punitive action if the circumstances so warrant, however before taking such action it is essential to give a reasonable opportunity to the petitioner to contradict the allegations and to show-cause as to why the proposed action should not be taken. Admittedly no such opportunity was given to the petitioner and moreover the impugned transfer was sought to be effected without assigning any reasons. Hence the impugned order, being in violation of the principles of natural justice, is hereby set aside and the Writ Petition is allowed. However, this shall not preclude the respondents to initiate appropriate steps afresh following due process of law. No costs. _______________ G. ROHINI, J. Dt. 15.10.2009 gbs