THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.16786 of 2009 ORDER: (per the Hon’ble Sri Justice Vilas V. Afzulpurkar) The applicant in O.A.No.8793 of 2008 before the A.P.Administrative Tribunal, Hyderabad, has approached this court questioning dismissal of the O.A. The said O.A. was filed challenging the order of transfer bearing RC.No.29256/VC.C/08, dated 15- 10-2008, which reads as follows:- “In accordance with reference memo 3rd cited, Dr.B.Ramachandraiah, MBBS, D.Ortho., Tutor in Ortho, RIMS, Kadapa, is transferred and posted as Tutor in Ortho., Govt. Medical College, Ananthapur on administrative grounds pending disciplinary action against him. The Director, RIMS, Kadapa is requested to relieve the above individual and inform the date of relief of the doctor immediately. The Principal, Govt. Medical College, Ananthapur, is requested to inform the date of joining of the above doctor.” By the aforesaid order, the petitioner is transferred as Tutor in Ortho., Government Medical College, Ananthapur, from his present place of working i.e., RIMS, Kadapa. The petitioner challenges the aforesaid order on the ground that it is in the nature of a punishment and it is not on administrative grounds. The Government resisted the said O.A. by filing counter and stated that the said order of transfer is passed merely on administrative grounds and as such, the same ought not to have interfered with. Under the impugned order, the Tribunal has considered the legality of the said order and came to a conclusion that the order itself states that it is an order of transfer on administrative grounds and as such does not warrant any interference. As stated above, the said order is impugned herein. We have heard Sri M.N.Narasimha Reddy, learned counsel for the petitioner and the learned Government Pleader for the respondents. Learned counsel for the petitioner has brought to our notice a report said to have been sent by the Director, Rajiv Gandhi Institute of Medical Sciences, Kadapa, to the Director of Medical Education (Academic), Andhra Pradesh, Hyderabad, dated 19-07-2008, wherein several allegations are said to have been made against the petitioner. Learned counsel, therefore, states that the impugned transfer is made on account of the said proceedings of the Director of RIMS, Kadapa and as such, it is clearly in the nature of punishment without holding any enquiry. On the contrary, learned Government Pleader submits that the order by itself does not refer to the said proceedings of the Director of RIMS, Kadapa and the other proceedings, on which the petitioner is placing reliance is also not referred to and the order of the transfer extracted above states that the petitioner is transferred on administrative grounds. Therefore, in the absence of any material, there is no reason for us to accept the aforesaid contention of the learned counsel for the petitioner. Learned counsel for the petitioner also states that though so many allegations are made against the petitioner in the aforesaid proceedings of the Director, no enquiry has been conducted. With respect to the aforesaid contention, though it is argued that no enquiry has been conducted so far, it is for the Government to feel it necessary to conduct an enquiry that they would hold in accordance with law and to give adequate opportunity to the petitioner in the event of such enquiry being held as on date. Therefore, it cannot be presumed that the order of transfer is a punitive transfer and more so, in view of the fact that the said order is of 15-10-2008 and the order of the Tribunal questioned in this writ petition is also of 28-04-2009. The transfer order is passed almost one year back and there is no interim order in favour of the petitioner. We, therefore, do not see any reason to interfere with the impugned order of the Tribunal. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 17-08-2009 Prv