HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE N. RAVI SHANKAR W.P.No. 32239 of 2010 Date: 22-12-2010 Between Mr. K. Samba Siva Rao ……….. Petitioner and The Government of Andhra Pradesh Rep by its Principle Secretary, and others …….. Respondents HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE N. RAVI SHANKAR W.P.No. 32239 of 2010 ORDER: (Per GM, J) This writ petition is filed seeking writ of Certiorari calling for the records in O.A.No.8923 of 2010 and to declare the proceedings issued vide Rc.No.025960/E4.IIB/2009, dated 08-12-2010 by the second respondent and the consequential proceedings thereto of the third respondent vide Rc.No.598/A2/2010, dated 13-12-2010 and relieving proceedings of the District Medical & Health Officer, Guntur, vide Rc.No.3301/E2/2010, dated 13-12-2010, including the order, dated 16-12-2010 passed in the said O.A., as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and to quash the same. The brief facts are that the petitioner filed the said O.A.No.8923 of 2010 before the A.P. Administrative Tribunal, Hyderabad, challenging the transfer order, dated 08-12-2010 passed by the second respondent and the consequential proceedings, dated 13-12- 2010 passed by the third respondent. In the said O.A., the petitioner also sought for interim suspension of the operation of the said transfer orders. When the matter came up for admission and interim relief, the Tribunal, after hearing the counsel and perusing the material on record, admitted the O.A. However, it declined to exercise the jurisdiction for suspending the operation of the transfer orders in view of the fact that the fourth respondent has already assumed charge in pursuance of the transfer orders. The Tribunal ordered that since the petitioner has alleged mala fides and other things against the official respondents, the official respondents specifically to file counter. Hence, the writ petition. Heard both the counsel and perused the order passed by the Tribunal and other material placed on record. Admittedly the matter is pending before the Tribunal and the rights of the parties are yet to be adjudicated or decided. When a decision is not reached by the Tribunal on merits, we are not inclined to exercise the Certiorari jurisdiction of this Court inasmuch as the matter is kept pending before the Tribunal. In the circumstances, the writ petition fails and it is, accordingly, dismissed. However, the Tribunal is directed to dispose of O.A.No.8923 of 2010 within a period of eight weeks from today. No order as to costs. ____________________ GHULAM MOHAMMED, J __________________ N. RAVI SHANKAR, J Date: 22-12-2010 Note: Issue C.C. in one week. YCR