THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI W.A.No.355 of 2010 JUDGMENT: (Per Hon’ble Sri Justice V. Eswaraiah) This Writ Appeal is filed against the order dated 30.04.2010 passed by the learned Single Judge in W.P.No.9369 of 2010, whereby the writ petition was dismissed. W.P.No.9369 of 2010 was filed by the appellant seeking to declare the order dated 20.04.2010 issued by the first respondent Corporation transferring the appellant from Bhadrachalam to Hyderabad to accommodate the second respondent, and consequently to direct the first respondent to continue the appellant as Divisional Manager, Girijan Cooperative Corporation Limited, Bhadrachalm. Admittedly, while the appellant is working as Divisional Manager in the first respondent Corporation at Bhadrachalam , on the allegation of certain irregularities, disciplinary proceedings were initiated against the appellant and charge memo dated 13.10.2009 was issued. The appellant is going to retire on attaining the age of superannuation on 31.12.2010. Pending the disciplinary proceedings, the appellant was transferred from Bhadrachalam to Hyderabad, by order dated 20.04.2010, which was challenged in the writ petition. It is the case of the appellant that the transfer order was made contrary to G.O.Ms.No.379 dated 29.08.1996 which prohibits transferring of an employee who is due to retire within a period of one year. It is the case of the first respondent Corporation that G.O.Ms.No.379 dated 29.08.1996 is applicable only to Government servants; that unless said G.O. is specifically made applicable to the first respondent Corporation, the same cannot be applied to the services of the employees of the first respondent Corporation; that the ban of transfers imposed by the Government in G.O.Ms.No.196 dated 17.06.2009 is not applicable to the first respondent Corporation as held by this Court in W.P.No.1247 of 2010, vide order dated 12.03.2010, and that the first respondent Corporation never adopted the G.O.Ms.No.379 dated 29.08.1996 in case of any of its employees. While dismissing the writ petition, the learned Single Judge observed that since disciplinary proceeding are pending against the appellant and since there is likelihood of the appellant influencing the witnesses, the first respondent Corporation made transfer of the appellant keeping in view the gravity of the allegations made against him. It was further observed that no case was made out to show that the transfer order was without jurisdiction or contrary to service rules governing the first respondent Corporation and since the law is well settled that the transfer is an incident of service and judicial interference is warranted only in rare cases, where such order is found to be without jurisdiction or contrary to the law and vitiated by mala fides. Accordingly, the writ petition was dismissed. Merely because the transfer order is made while the disciplinary proceedings are pending and merely because the second respondent made requisition for posting at Bhadrachalam, it cannot be said that the transfer is made with a mala fide intention only to accommodate the second respondent. The transfer was made only on the administrative grounds. In view of the facts and circumstances of the case, we do not find any ground to interfere with the order of the learned Single Judge. Accordingly, the Writ Appeal is dismissed. No costs. _______________ V. ESWARAIAH, J ______________ NOUSHAD ALI, J Date:12.05.2010 GHN