THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23944 of 2008 ORDER: The petitioner is working as a Sramik in the Zonal Work Shop of Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’), Nellore. Through an office order, dated 29.10.2008, he has been transferred to Satyavedu Depot of Chittoor Region. He challenges the same. The petitioner contends that a Fact Finding Committee (for short ‘the Committee’) has visited the Work Shop with reference to the allegations made against Sri S.Dhanunjaya Rao, Works Manager and he too was called by the Committee. He contends that though nothing incriminating against him was found, he was transferred to a far off place. The order is also challenged on the ground that the petitioner is transferred to a place, which is outside his unit of employment. A counter-affidavit is filed on behalf of the respondents. It is stated that serious allegations were received against S.Dhanunjaya Rao, Works Manager, Nellore, and in the enquiry, it emerged that the petitioner, a Union Leader, acted as a middleman, and worked between the delinquent Officer and the employees. It is stated that while disciplinary proceedings were initiated against S.Dhanunjaya Rao, it was decided to transfer the petitioner to a far off place to curb such activity. Sri A.K.Jayaprakash Rao, learned counsel for the petitioner, submits that the transfer of the petitioner is punitive in nature and in case there existed any serious allegations warranting such transfer, the respondents ought to have initiated disciplinary proceedings. He further submits that the transfer of the petitioner to a far off place that too outside the unit of working, is untenable. The learned Standing Counsel for the Corporation, on the other hand, submits that though the allegations made against the petitioner were also serious, a lenient view was taken and he was transferred to a different place, instead of initiating disciplinary proceedings. He further submits that the presence of the petitioner in the Work Shop is not at all in the interest of the Corporation. The administration of any organisation would have its own discretion to ensure that it functions efficiently and without any deviation. In case the allegations of corruption, extortion or of similar nature are received against an employee, the administration has different options before it. If the allegations against an employee are grave enough, not only disciplinary proceedings are initiated, but also the employee is placed under suspension. The next category is where the disciplinary proceedings are to be initiated, charges will be framed and necessary action is taken depending on the outcome of the enquiry. The third is where the administration feels it proper to shift the employee concerned to a far off place, instead of subjecting him to disciplinary proceedings. It is a matter of record that the transfer of the petitioner was preceded by an enquiry through the Committee. The name of the petitioner figured prominently and statements were also made to the effect that the petitioner worked as a middleman between the delinquent Officer by name, S.Dhanunjaya Rao, and the other employees. The Corporation has its own limitations in proceeding against the office bearers of Trade Unions. The petitioner was one such employee. Instead of initiating disciplinary proceedings against the petitioner, it has chosen to transfer him to a far off place. There cannot be any doubt that the transfer is punitive in nature. If the petitioner is of the view that even such action cannot be taken without conducting enquiry, the Corporation cannot be permitted to accord such treatment to him without subjecting him to disciplinary proceedings. Hence, the writ petition is allowed and the impugned order is set aside. It is directed that respondent No.2 shall initiate disciplinary proceedings against the petitioner and take necessary action, depending on the outcome of the enquiry. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:08.07.2010 kdl