THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.No.8184 of 2011 ORDER (Per Sri Ghulam Mohammed, J) The first respondent herein filed O.A.No.8528 of 2010 before the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’) questioning the transfer proceedings dated 30.11.2010, issued by the first petitioner transferring and posting him as Sub-Registrar Grade-I Superintendent in the Office of the second petitioner. He states that the first petitioner is not competent to transfer him to the Head of the office. The Tribunal having observed that as per Rule 38(c)(vi) of the Andhra Pradesh State and Subordinate Service Rules (for short ‘the Rules’), the Head of the Department is only competent to transfer an employee to the Head Office and that posting of an officer to the Head Office by the regional authority is contrary to the said Rules, allowed the O.A. setting aside the impugned proceedings. Aggrieved by the same, the petitioners filed the present writ petition. 2. Respondent No.1 filed counter stating that as per Rule 10 of Andhra Pradesh Registration and Subordinate Service Rules, 1983 the District Registrar is competent to transfer and post the Sub-Registrars Grade-I and II, but not the first petitioner and even as per the Special Rules, the first petitioner has no jurisdiction to transfer the first respondent outside the local cadre and admittedly Zone-II is consisting of Guntur, Prakasam and Nellore Districts. He states that even as per the Rule 38 of the Rules, the Head of the department is alone competent to post an Officer belonging to local cadre to Head Office. 3. Heard the learned Government Pleader for Services-I and the learned counsel for respondent No.1. 4. Learned Government Pleader for Services-II contended that the Tribunal ought to have seen that the transfer proceedings were issued in compliance of the instructions issued by the second petitioner and also on administrative grounds. He submitted that as per Rule 4-A of Andhra Pradesh Registration and Subordinate Service Rules, 1983 framed in G.O.Ms.No.372, dated 24.02.1983, D.I.G. is the competent authority to appoint and transfer the category of Sub-Registrars Grade-I and II. 5. Learned counsel for respondent No.1 reiterated the averments made in the counter-affidavit. 6. The dispute with regard to the jurisdiction of the first petitioner in transferring the first respondent to the Head Office has already been decided by the Tribunal by allowing the O.A. itself by the order impugned. However, it is stated that the disciplinary proceedings are pending against the first respondent. In view of the same, without going into the merits of the matter, we deem it appropriate to direct the petitioners to conclude the disciplinary proceedings pending against the first respondent and pass appropriate orders in accordance with law. With the above direction, the Writ Petition is disposed of. No costs. ______________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:08.04.2011 sj