IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No.32576 of 2010 Between: Mrs. S. Nagamanemma ..... PETITIONER(S) AND The Govt. of Andhra Pradesh, rep. by its Principal Secretary, Department of Agriculture, Secretariat, Hyderabad and others .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No.32576 of 2010 ORDER: (per HON'BLE SRI JUSTICE GHULAM MOHAMMED) This writ petition is filed assailing the legality and validity of the order dated 22.11.2010 passed in O.A.No.7341 of 2010 by the Andhra Pradesh Administrative Tribunal, Hyderabad (Tribunal). The relief sought for by the petitioner in the said O.A., as an applicant before the Tribunal, was to declare the Memo No.A1(1)575/10, dated 18.10.2010, issued by the Commissioner and Director of Agriculture, Hyderabad, the second respondent herein as illegal and arbitrary and consequently to direct the second respondent to allow her to do her duties as Assistant Director of Agriculture in the office of the Assistant Director of Agriculture, Bantumilli, Krishna District and also to direct the second respondent to regularize her suspension period as on duty allowing her to draw salary for that period and also impose exemplary costs on the second respondent and the same has been rejected. Heard Sri Peeta Raman, learned counsel appearing for the petitioner and the learned Government Pleader for Agriculture for the respondents 1 and 2. Perused the material available on record. The petitioner was initially appointed as Agricultural Officer on 02.07.1992 and was subsequently promoted as Assistant Director of Agriculture on 09.01.2006 and was posted to work as such in Kaikalur of Krishna District and she worked there till 16.10.2007. Thereafter she was transferred to Rampachodavaram of East Godavari District. When she appeared before the Joint Director of Agriculture, Kakinada, to submit her joining report, a modification order was issued on 20.10.2007 by the second respondent deputing her to ITDA, Rampachodavaram, East Godavari District, and accordingly she joined there. Immediately within six months, she was surrendered by the Project Officer of the ITDA, Rampachodavaram, East Godavari District, to the second respondent on 31.3.2008 and she reported before the second respondent. As per the order dated 16.04.2008 of the second respondent she joined duty as Assistant Director of Agriculture in the office of Assistant Director of Agriculture, Bantumilli, Krishna District on 18.04.2008. Even without completion of two years of service at Bantumilli, the second respondent by order dated 12.11.2009 directed to work as Assistant Director (R), Addateegala, East Godavari District in the place of one M.Sunil and M.Sunil was directed to work in her place. Contending that she has been harassed by frequent transfers and she has to go Bantumilli to receive her salary and she has to put up two residences i.e. one at Bantumilli and another at Addateegala, the petitioner earlier filed O.A.No.12062 of 2009 before the Tribunal and the Tribunal issued interim order suspending the said proceedings and accordingly she has been continuing as Assistant Director of Agriculture, Bantumilli, Krishna District. While so, the first respondent issued a memo dated 07.06.2010 according permission to the second respondent to shift her to a non-focal point away from Krishna District. Pursuant to the said memo, the second respondent by order dated 25.06.2010 transferred her as Assistant Director of Agriculture (BCL), Kakinada, East Godavari District. Again the petitioner filed O.A.No.4430 of 2010 and by an interim order the Tribunal suspended the said transfer order. While so, the second respondent issued proceedings dted 16.07.2010 keeping the applicant under suspension alleging misconduct and irregularities in Bantumilli Mandal, Krishna District. Again she filed O.A.No.5120 of 2010 questioning the suspension order and the Tribunal issued interim order on 06.08.2010 suspending the suspension order and directing the second respondent to reinstate her into service. Pursuant to the above direction, the second respondent revoked the suspension order through proceedings dated 17.09.2010 pending finalisation of the disciplinary action and issued proceedings dated 18.10.2010 posting her as Assistant Director of Agriculture (R), Mandavalli, Krishna District. Holding that unless she comes out of the allegations during the course of enquiry it is not safe for the Department as well as the petitioner to continue at Bantumilli and since the enquiry was ordered by issuing charge memo to her on 06.08.2010, the respondents were right in posting her at Mandavalli which is also in Krishna District. It is to be noted that in matters pertaining to posting and transfers the power is purely vested in the executive authority and the Courts will not, ordinarily, interfere in those decisions unless they are held to be mala fide. In the present case, the observation of the Tribunal that unless the petitioner comes out of the allegations during the course of enquiry it is not safe for the Department as well as the petitioner to continue at Bantumilli and since the enquiry was ordered by issuing charge memo to her on 06.08.2010, the respondents were right in posting her at Mandavalli which is also in Krishna District cannot, in the facts and circumstances of the case, be said to be illegal warranting interference of this Court under Article 226 of the Constitution of India. It is also stated that the petitioner has filed a criminal case against the unofficial respondent and the same is pending investigation. This statement, however, will not have a bearing on the disposal of this writ petition. The writ petition is devoid of merits and hence is liable to be dismissed. Accordingly, the writ petition is dismissed. No costs. ___________________________ GHULAM MOHAMMED, J. _______________________ N. RAVI SHANKAR, J. 28th December 2010 CVRK