IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 17060 of 2008 Between: Smt. D.Kezia, W/o. Sri. Y.Sekhar, Government Dental College & Hospital, Beside Osmania General Hospital, Afjulgunj, Hyderabad. ..... PETITIONER AND 1 Smt. D.Bharathi Johanna, W/o. Ch.Anka Rao, R.I.M.S.,General Hospital, Kadapa, Kadapa District. 2 The Regional Director of Medical and Health Services, kadapa, Kadapa District. 3 The Director of Medical Education, Government of A.P.,Koti, Hyderabad. 4 The Director of Helath, A.P.,KOti, Hyderabd. 5 The Principal Government Dental College & Hospital, Hyderabad. 6 The Government of andhra Pradesh, rep by its Secretary, health, Medical & Family Welfare department, 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 to issue appropriate writ or order or direction preferably one in the nature of Writ of Certiorari by calling for the records in O.A.No.4381/2008 on the file of the A.P. Administrative Tribunal, Hyderabad and quash the orders dated 23-6-2008 and 31.7.2008 and pass. Counsel for the Petitioner:MR.N.GURU GOPAL Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.17060 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking to quash the orders dated 23-6-2008 and 31-7-2008 passed in O.A.No.4381 of 2008 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The details relevant and necessary for deciding the writ petition may be stated thus: The unofficial respondent No.1 filed the above O.A. challenging the proceedings dated 12-6-2008 issued by second respondent herein by which the petitioner herein was transferred from RIMS General Hospital, Kadapa, to Osmania Dental Hospital, Hyderabad, in her place of posting at Hyderabad. Pursuant to the filing of O.A.No.4381 of 2008, the Regional Director of Medical and Health Services, Kadapa, issued proceedings in Rc.No.958/B1/2008 dated 31-7-2008 which reads as follows: “ In pursuance of the orders issued vide in the reference Rc.No.958/01/2008 dated 12-6-2008 of the Regional Director of Medical & Health Services, Kadapa, who is posted as Staff Nurse to RIMS, Kadapa, are hereby cancelled. As per the reference 4th cited Smt. D.Bharathi Johona, Staff Nurse, Government Dental College, Hyderabad, is retained at her original place of posting vide Smt. D.Kezia, Staff Nurse, RIMS, Government Hospital, Kadapa. The concerned officers are requested to implement the orders immediately and send a compliance report immediately.” Recording the aforesaid proceedings and the statement of the learned counsel for the first respondent herein, O.A. was closed. 3 . Heard learned counsel for the petitioner, learned Government Pleader and learned counsel appearing for first respondent. 4. Learned counsel for the petitioner contended that the proceedings dated 12-6- 2008 was passed without giving any opportunity of hearing to the petitioner, who is the unofficial respondent in O.A., and the proceedings are non est in the eye of law and it is in utter violation of principles of natural justice. Learned counsel has drawn our attention to the decision of this Court in G.SIMHAGIRI Vs. GOVT. OF A.P. wherein the Division Bench found fault with the Tribunal for allowing O.A. at the admission stage without notice and opportunity particularly when adverse order is being passed. 5 . Learned counsel for the petitioner further contended that the authorities have issued the impugned proceedings dated 31-7-2008 to get over the contempt case and the petitioner had filed O.A.No.6331 of 2008 questioning the said proceedings. 6. Learned Government Pleader had produced the communication of the Registrar, A.P. Administrative Tribunal, Hyderabad in Roc.No.7/APAT/JUDL/2008 dated 11-8- 2008 addressed to him, wherein it is stated that no notices were issued to the respondents including the unofficial respondent No.6 i.e. Smt. D.Kezia, Staff Nurse, RIMS, Government Hospital, Kadapa. 7. Learned counsel for the unofficial respondent contended that the Government has the discretion to transfer its employees and there is no right to be retained at a particular place. 8. We have considered the rival contentions advanced by counsel appearing for the parties and perused the record. It is clear from the communication dated 11-8-2008 sent by the Registrar (FAC), A.P.A.T., Hyderabad to the Government Pleader that notices have not been served on the respondents in O.A.No.4381 of 2008 including the petitioner herein, who is arrayed as respondent No.6 in O.A. When no notice was given to the petitioner, who is the affected party, and the transfer was effected, it is nothing but blatant violation of principles of natural justice. In the above decision relied upon by the learned counsel for the petitioner, the practice of disposing of OAs without notice to the affected parties has been deprecated. In fact, Rule 13 of A.P. Administrative Tribunal (Practice) Rules, 1995 requires the Tribunal to notify to the parties the date and hearing of the application, while Rule 20 prescribes that the notice shall be served not less than fourteen days before the date fixed for hearing. Thus, there shall be a gap of fourteen days after notice has been served on the respondents and thereafter, the hearing of O.A. can take place on the date fixed and decision rendered on merits. It appears, the Tribunal has not even issued notice to respondents, leave alone the affected respondent, and thus deviated from the procedure contemplated under the Rules. Thus, there is gross violation of principles of natural justice. 9. Apart from the above, it is not disputed that the first respondent has challenged the proceedings dated 31-7-2008 in O.A.No.6331 of 2008 wherein the first respondent herein was also impleaded and the said O.A. is stated to be pending. 10. In the foregoing circumstances, we are of the considered opinion that the impugned order passed without notice is a nullity and in violation of principles of natural justice and deem it just and proper to direct the Tribunal to dispose of O.A.No.6331 of 2008 on its own merits and as per law, without reference to the order in O.A.No.4381 of 2008 dated 23-6-2008 on its file. The Tribunal shall also take into consideration that no notice was issued to the petitioner herein before the disposal of O.A.No.4381 of 2008 while deciding O.A.No.6331 of 2008. The Tribunal shall dispose of O.A.No.6331 of 2008 within a period of three weeks from today, in the light of the observations made by us. 11. Accordingly, the writ petition is disposed of at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 18-08-2008 Note: Furnish copy in three days. (b/o) bsc