S. B. SINHA, C. J.

( 1 ) THIS writ petition arises out of a common order dated 1-3-2001 passed by the Central Administrative tribunal in OA Nos. 283 and 284 of 2001 whereby and whereunder the learned tribunal has dismissed the Original applications filed by the petitioner herein and one V. V. Ramana Reddy. Aggrieved by the said order of the learned Tribunal the applicant in OA No. 284 of 2001 has preferred this writ petition.

( 2 ) THE petitioner herein, in the said original application, inter alia questioned an order dated 12-2-2001 passed by the respondents transferring him from karimnagar to Cuddapah. The said order of transfer reads thus:"no. TA/stb/l-5/93/kaa/iv dated 12-2-2001 sub :transfers and postings in the cadre of TOA (a)/ss (O) under Rule 37 of pandt Manual Volume IV-Reg. The Chief General Manager, BSNL, A. P. Telecom Circle Hyderabad has ordered the following transfers and postings under rule 37 of Pandt Manual Volume IV with immediate effect: 1. Sri V. V. Ramana Reddy, SS (O), karimnagar is hereby transferred and posted to O/o. TDM, BSNL, Srikakulam. 2. Sri P. Anjaneyulu, TOA (G) karimnagar is hereby transferred and posted to O/o. GMTD, Cuddapah. The officials are entitled for TA/da. They may be relieved immediately in the instructions to report to the concerned ssa Heads. Sd/- (Ch. V. S. Jaganadha Rao) asst. Director Staff, for COM, BSNL, AP Circle, Hyd. ".

( 3 ) THE basic fact of the matter is not in dispute. The learned Counsel for the petitioner submitted that the petitioner at all material times is working as Telecom Office assistant, Grade I, in the district of karimnagar and he was eligible for promotion to Grade-II and was expecting his promotion shortly. The learned Counsel further submits that the posts in relation to the said cadre upto Grade-Ill are organised at the District level i. e. , Secondary Switching area (hereinafter referred to as ssa for the sake of brevity), which was earlier called as Telecom District and for the purpose of recruitment and promotions upto Grade-Ill, ssa is the unit.

( 4 ) THE grievance of the petitioner is that by reason of the impugned order he had unjustly been transferred from Karimnagar to Cuddapah. The petitioner contends that each Revenue District is organised as SSA and the Revenue District is headed by a general Manager and he was transferred outside the unit of appointment/cadre, which is without jurisdiction.

( 5 ) THE respondents have filed a counter-affidavit before the learned Tribunal supporting the order of transfer. The relevant portion of the statement made by the respondents in support of the order of transfer at paragraph 2 (A) and (B) of the counter- affidavit reads thus:"2. . . . . . . . . . (A) The applicant along with another shri P. V. Rama Reddy were involved in a case of financial embezzlement to the extent of Rs. 1,47,000/- in karimnagar, SSA. Though disciplinary action was taken up against the applicant along with another official, the same could not be concluded due to the transfer of enquiry officer/presenting officer and other administrative reasons. Ultimately, the administration could not finalise disciplinary proceedings and. they were terminated due to the delay. (B) The authorities reviewed the conduct of the applicant and came to the conclusion that the official who involved in financial frauds should not be continued at the same place and to avoid repetition of such frauds and to avoid demoralising effect on other honest officials, invoked rule 37 of P and T Manual, Vol. IV and issued the impugned transfer order".

( 6 ) THE learned Counsel for the respondents has reiterated before us the same contentions, which were raised before the learned Tribunal.

( 7 ) HAVING regard to the order proposed to be passed by us, we are of the opinion that it is not necessary to go into the question as to whether in terms of Rule 37 of the pandt Manual, Volume IV, the petitioner can be transferred or not.

( 8 ) IN the instant case, admittedly the de

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