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2011 Supreme(AP) 523

GHULAM MOHAMMED, K.G.SHANKAR
General Manager, South Central Railway, Rail Nilayam, Secunderabad – Appellant
Versus
S. Srinivasa Rao – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: (Mrs.) C.V. Vinitha Reddy,
For Respondents/Defendant:Ramacbandra Murthy, Counsel for the Respondent No.1.

JUDGMENT

Ghulam Mohammed, J.

1. The first respondent, while working as Technician-III, was transferred from Lallaguda, South Central Railway, Secunderabad Division to Guntakal on administrative grounds vide proceedings dated 9.2.2010, issued by the 4th petitioner. Challenging the said proceedings, he filed OA No.293 of 2010 before the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short 'the Tribunal'), which in turn allowed the same on 13.7.2010 by setting aside the said proceedings. Aggrieved by the same, the petitioners filed the present writ petition.

2. Heard the learned Standing Counsel for the petitioners and the learned Counsel for the first respondent.

3. Learned Standing Counsel for the petitioners submitted that the Tribunal ought not to have allowed the O.A. as the first respondent involved in a criminal case and that he was transferred on administrative grounds. He relied upon the decision of the Supreme Court in Union of India and others v. Sri Janardhan Debanath, 2004 (3) ALD 34 (SC) = 2004 (2) SLR 15 (SC) and also the judgment of this Court in General Manager, South Central Railway, Secunderabad v. Syed Abdul Kareem, 2010 (3) ALD 650 (DB) = 2010(4) ALT



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