IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 20065 of 2008 Between: P.Kamalakar, S/o. P.Prakasham, Statistical Cell, O/o. DME/Power/GTL. Guntakal-515801 R/o. Ananthapur, Ananthapur District. ..... PETITIONER AND 1 The District Personnel Officer, South Central Railway, Rail Nilayam, Iv Floor, Secunderabad - 500 071 2 The Divisional railway Manager, South Central Railway, Guntakal Division, Guntakal - 515 801 3 The Senior Divisional Mechanical Engineer (Power), South Central Raiwlay, Guntakal Division, Guntakal - 515 801 4 The Statistical & Analysis Officer, lekah Bhavan, Old FA & CAO's Office Building, South Central Railway, Secunderabad. 5 The Senior Divisional Personnel Officer, South Central Railway, Guntakal Division, Guntakal - 515 801 .....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 an order or direction more in the nature of Writ of Certiorari, or any other appropriate Writ calling for the records pertaining to O.A.No.532/2008 dated 28-08-2008 of the Hon'ble central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash and set aside the same as illegal, arbitrary, and unconstitutional, and consequently direct the respondent herein to equate me with others who have been given transfers to the adjoining divisions. It is submitted that the Petitioner is only requesting for transfer to Secunderabad/Hyderabad area on the grounds of his physical inability and his case coming under the purview of Serial Circular 4/86 dated 20.01.1986 and also to exercise his right of defence in the CBI case. Counsel for the Petitioner:SRI.P.S.RAMA CHANDRA MURTY Counsel for the RespondentS.: SRI R.S.MURTHY (ADD.CGSC) The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 20065 of 2008 ORAL ORDER: (Per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed challenging the order, dated 28.8.2008 passed by the Central Administrative Tribunal, Hyderabad, in O.A.No.532 of 2008. The brief facts of the case of the petitioner are as follows: The petitioner filed the above O.A., challenging the orders of his transfer from Ananthapur to Nanded, on the ground that the Special Judge, CBI, Hyderabad, imposed conditions on him to appear before it on every Monday and therefore, it would be difficult to appear before the Special Judge, every Monday, in case of his transfer to Nanded. Earlier, in O.A.No.421 of 2008 filed by the applicant for the self same relief, the Tribunal issued a direction to the 1st respondent therein to consider the representation of the applicant. Pursuant to the orders of the Tribunal in O.A.No.421 of 2008, the authorities have passed the orders impugned in the present O.A., wherein it is stated that Nanded Division is within the jurisdiction of South Central Railway and not far away from Secunderabad and that the applicant can attend before the Special Judge, CBI at Hyderabad as and when his presence is required for the purpose of investigation and the Nanded Division authorities have been advised to spare the applicant on leave as and when applied for that purpose. Before the Tribunal, the learned Counsel for the petitioner- applicant while relying upon a circular dated 24.12.1985, contended that the transfer of SC and ST employees should be confined to their native districts or adjoining districts or places where the Administration can provide quarters and that the applicant belongs to SC community and therefore, he ought to have been posted in neighbouring districts. The Tribunal having observed that these instructions in the circular dated 24.12.1985 are applicable to the cases of routine transfers and not the cases of transfer on administrative grounds and further, those instructions are not absolute and the applicant is involved in a CBI case and therefore, the above referred circular cannot be made applicable to the case on hand, dismissed the O.A. Having been aggrieved by the same, the applicant preferred the present writ petition. Heard the learned Counsel on either side and perused the material available on record. The only ground that was raised by the applicant in this writ petition and the O.A is that he is involved in a CBI case and in that connection, the Special Judge imposed a condition to appear before him and if he is transferred to Nanded, it is much difficult to appear before the Special Judge all the while from Nanded. But, the material on record clearly goes to show that the conditions imposed by the Special Judge, CBI, are now relaxed and as such, the plea of the petitioner seeking retention on that ground, holds no water. Apart from that, the circular relied upon in this case, cannot be made applicable in the present facts and circumstances of the case on hand as rightly observed by the Tribunal. In a case of this nature, the transfers are within the domain of the administrative authorities and as such, the courts, normally, cannot interfere unless the action of the authorities is biased or malafide exercise. In this view of the matter, We feel that the order of the Tribunal does not warrant any interference and hence, this writ petition is devoid of merits and as such, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No order as to costs. __________________________ Justice Ghulam Mohammed ________________________ Justice G. Bhavani Prasad Date: 16.9.2008 Nn THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 20065 of 2008 (Order delivered by Hon’ble Sri Justice Ghulam Mohammed) 16.09.2008