THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.24307 of 2007 ORAL ORDER: This writ petition is filed challenging the order of transfer of petitioner from University Headquarters, Waltair to P.G. Centre at Tadepalligudem. It appears, there was a galata during Dasara celebrations in the University campus as to handing over the balance amount for utilization of the same in the next Dasara celebrations. The learned counsel for petitioner strenuously contended that it is not a misconduct, which can be enquired into by the University, since it arose outside the employment. Further, assuming that there is some misconduct on the part of petitioner, it is always open for the respondents to enquire into it and take appropriate action as per law, but they could not have resorted to arbitrary transfer of petitioner as a measure of punishment apart from imposing fine of Rs.1,000/- for the purported misconduct, which is nothing but colourable exercise of power and the transfer of petitioner is not on administrative grounds. Per contra, the learned counsel for respondents strenuously contended that the transfer of petitioner is purely on administrative grounds and the petitioner could not have any grievance whatsoever. To avoid further disciplinary proceedings, petitioner was transferred to Tadepalligudem. Prima facie, it appears that the misconduct alleged against the petitioner cannot be enquired into by the University. Since all the details are not before this Court, this Court cannot venture to go into such details. It is left to the University authorities to conduct an enquiry into the matter as to whether the misconduct arose from out of the duties attended to by the petitioner during the course of employment or not. At one breadth, the case of the University is that the petitioner was involved in misconduct, he was transferred to Tadepalligudem to avoid disciplinary proceedings and at the second breadth it is said that transfer was done on administrative grounds. This is an inconsistent stand taken by the University. The impugned order was passed as a measure of punishment, without conducting an enquiry into the accident, thus the impugned transfer does not stand to scrutiny of law. Therefore, the same is liable to be set aside. In the result, the writ petition is allowed and the impugned order is set aside. However, this will not preclude the authorities from proceeding with disciplinary action against the petitioner, if they are so advised, as per law. No order as to costs. ______________ C.V.RAMULU, J Date: 22.1.2008 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.24307 of 2007 22.1.2008 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.24307 of 2007 Date: 22nd January, 2008 Between: S.Venkateswara Rao .. Petitioner And The Vice Chancellor, Andhra University, Visakhapatnam, Visakhapatnam district & others. .. Respondents