IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 20844 of 2004 Between: M.P. Jayaraju, S/o Ribert, Lineman, Driver, APSPDCL, Proddutur, Cuddapah District. ..... PETITIONER AND 1 The Chairman & Managing Director, A.P. Southern Power Distribution Company Ltd. Tirupati. 2 The Superintending Engineer, A.P. Southern Power Distribution Company Ltd. Cuddapah. 3 The Divisional Engineer, A.P. Southern Power Distribution Company Ltd. Proddutur. 4 The Additional Divisional Engineer, A.P. Southern Power Distribution Company Ltd. Proddutur. .....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 writ of mandamus: 1. To declare the action of the respondents as illegal arbitrary and unsustainable, in issuing memo Lr.No. ADE/O/PDR/F.2/HC/D.No. 1276/04, dated 25-10-2004 even without issuing any transfer orders on the petitioner. 2. To set aside the memo Lr.No. ADE/O/PDR/F.23/HC/D.No. 1276/04, dated 25-10-2004, 3. To direct the respondents to continue the petitioner at Proddutur Operation Sub Division, Proddutur as Lineman Driver. 4. To call for records Counsel for the Petitioner:MS.R.ANNAPURNA Counsel for the Respondent Nos.1 to 4: MR.SAMINENI KISHORE The Court at the admission stage made the following O R D E R: Challenging the action of the respondents in issuing the impugned memo dated 25.10.2004, the petitioner filed the present writ petition. Learned counsel for the petitioner contended that without there being any transfer order, the petitioner was relieved, and therefore, the impugned memo is contrary to the regulations. Learned Standing Counsel appearing for the respondents opposed the same. An employee is liable to be transferred anywhere, but it must be by way of proceedings effecting transfers. If the transfer is on administrative grounds, the same cannot be challenged unless there are mala fides or the transfer order is by way of punishment. Admittedly, in this case, no transfer order has been issued by the competent authority. Without there being any transfer order, the petitioner was relieved by impugned memo. Therefore, the impugned memo dated 25.10.2004 is liable to be set aside and is set aside. In the result, the writ petition is allowed. No costs. 16.02.2005 usd To 1 The Chairman & Managing Director, A.P.S.P.D.C.L.Tirupati. 2 The Superintending Engineer, A.P.S.P.D.C.L. Cuddapah. 3 The Divisional Engineer, A.P.S.P.D.C.L. Proddutur, Cuddapah Dist. 4 The Additional Divisional Engineer, A.P.S.P.D.C.L., Proddutur, Cuddapah Dist. 5. Two CD copies.