IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2625 of 2008 Between: B. Subhashini D/o. Late B. Venkata Ramaiah R/o. H.No.21/456, Bhaskarapuram, Machilipatnam Krishna District. ..... PETITIONER AND 1 The District, Coordinator of Hospital Services, Krishna District at Machilipatnam. 2 The Medical Superintendent, District Hospital, Machilipatnam. 3 The Medical Superintendent, Area Hospital, Nuzvid, Krishna District. 4 The Collector & District Magistrate, Krishna District at Machilipatnam,. 5 Maddela Nagamani D/o. Not known to the petitioner, R/o.Naveen Mittal Colony Chilakapudi, Machilipatnam. 6 Government of Andhra Pradesh, Rep. by its Secretary Department, of Medical & Health Secretariat, Hyderabad. .....RESPONDENT(S) 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 a writ of Mandamus or any other appropriate writ order or direction declaring the order Memo Rc No. 482/E1/2007 dt. 9-10-2007 passed by the first respondent transferring the petitioner from Machilipatnam to Area Hospital, Nuzvid, Krishna District on disciplinary grounds and the order dt,. 21-1-2008 in OA No. 6454/2007 confirming the orders dt,. 9-10-2007 as illegal, contrary unconstitutional and violation of principles of natural justice and set aside the same and pass Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of mandamus to call for the records relating to the order, dated 21.01.2008 passed in O.A. No. 6454 of 2007 by the Andhra Pradesh Administrative Tribunal, Hyderabad, confirming the Memo in Rc.No.482/E1/2007 dated 9.10.2007 passed by the first respondent transferring the petitioner from Machilipatnam to Area Hospital, Nuzvid, Krishna District and consequently to set aside the same, the petitioner filed this writ petition. The petitioner herein filed the above O.A. before the Tribunal assailing Order inRc.No.482/E1/2007 dated 9.10.2007 issued by the first respondent whereby the petitioner was transferred from District Hospital, Machilipatnam to Area Hospital, Nuzivid, on disciplinary grounds. The petitioner was on duty on the intervening night of 22/23.4.2007 when the sister’s daughter-in-law of the fifth respondent herein delivered in the District Hospital, Machilipatnam. It is the complaint of the 5th respondent that the petitioner demanded Rs.400/-. Rebutting the said complaint, the petitioner herein has filed a letter, dated 2.7.2007 said to have been addressed by the 5th respondent to the 4th respondent to the effect that neither the petitioner demanded such a sum nor the 5th respondent has paid the same to her. The Tribunal observed that the petitioner was transferred on administrative grounds, which does not tantamount to punishment and if there is mistake of fact with regard to the lodging of complaint, it is for the Departmental Authorities to judge the same. Having observed the same, the Tribunal held that there is no violation of any Rule or statutory provision and consequently dismissed the O.A. Aggrieved thereby, the present writ petition is filed inter alia contending that even assuming that the transfer is on disciplinary grounds, the preliminary enquiry report which has been prepared is made without issuing notice and affording an opportunity to the petitioner. The respondents failed to see that the allegation said to have been made by the 5th respondent is withdrawn and in such an event, the impugned order ought not have been passed, without affording an opportunity to the petitioner. It is manifest from a bare reading of the impugned order that the transfer of the petitioner was effected on disciplinary grounds and, therefore, it is not punitive. When it is not punitive or afflicted with malafides, time and again, this Court and the Apex Court, have ruled that it is the prerogative of the employer to transfer an employee and such a transfer is not amenable for judicial scrutiny, unless it is shown that such a transfer is vitiated by violation of statutory provision or Rules. A reading of the order impugned shows that the Tribunal has called for the relevant file and having satisfied with the events, dismissed the O.A. Having gone through the impugned order, I do not find any illegality committed by the Tribunal warranting interference. Consequently, the Writ Petition fails and is accordingly dismissed at the stage of admission. No order as to cost. ____________________ T.MEENA KUMARI, J. __________________ G.CHANDRAIAH, J. March 5, 2008 MAS