SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(AP) 1336

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.Sujatha, J.
C.Narasimha Murthy - Appellant
Versus
State of Andhra Pradesh - Respondent
Writ Petition No. 13743, 13739, 13738, 13740, 13742, 13744, 13745, 13746, 13747, 13748, 13749, 13750, 13751, 13753 of 2023
Decided On : 02-11-2023

Headnote:

Transfer - State Audit Department - A.P. State Audit Act, 1989, Rule 3(4) of the AP State Audit Rules - The court discussed the provisions of G.O.Ms.No.71 Finance (HR-IPLG and Policy) Department dtd. 17/5/2023 and the authority's power to affect administrative transfers. The court found that the transfer order issued by respondent No.3 is in accordance with G.O.Ms.No.71, dtd. 17/5/2023 as the said G.O. empowers the respondents to effect transfers on administrative grounds. The court also held that the transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer order illegal on the ground of violation of statutory rules or on ground of malafide.

Fact of the Case:

The petitioner, a Senior Auditor in the State Audit Department, challenged the transfer order issued by the 3rd respondent, claiming it to be illegal, arbitrary, and without jurisdiction. The main grievance of the petitioner was that he had completed only 10 months at the present station and the transfer orders were issued without jurisdiction and contrary to G.O.Ms.no.71, dtd. 17/5/2023.

Finding of the Court:

The court found that the transfer order issued by respondent No.3 is in accordance with G.O.Ms.No.71, dtd. 17/5/2023 as the said G.O. empowers the respondents to effect transfers on administrative grounds. The court also held that the transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer order illegal on the ground of violation of statutory rules or on ground of malafide.

Issues: Whether the Court can interfere with the transfer of the petitioner while exercising power under Article 226 of the Constitution of India on the grounds narrated in the petition?

Ratio Decidendi: The court held that the transfer order issued by respondent No.3 is in accordance with G.O.Ms.No.71, dtd. 17/5/2023 as the said G.O. empowers the respondents to effect transfers on administrative grounds. The court also held that the transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer order illegal on the ground of violation of statutory rules or on ground of malafide.

Final Decision: The court found no ground to interfere with the impugned proceedings and dismissed the writ petition No.13743 of 2023. The other writ petitions were also dismissed. No costs were awarded.

JUDGMENT

1. Writ Petition No.13743 of 2023 came to be filed under Article 226 of the Constitution of India seeking the following relief.

" ...to issue a writ, order or direction more particularly one in the nature of a writ of mandamus, declaring the action of the 3rd Respondent in issuing the Orders vide proceedings Roc.No.132III/C/2023 dt.31/5/2023 served on 6/6/2023 transferring the petitioner from the office of the District Audit Officer, State Audit, Chittoor, Chittoor District, Andhra Pradesh to the office of the Joint Director, State Audit, Tirumala Tirupati Devasthanam, Tirupati, Tirupati District, Andhra Pradesh as illegal, arbitrary, without any jurisdiction and contrary to G.O.Ms.No.71 Finance (HR-IPLG and Policy) Department dt.17/5/2023 and pass..."

Since the claim of all the petitioners is one and the same in these writ petitions, I find that it would be appropriate to pass common order.

2. The writ petition No.13743 and 2023 is taken as leading petition for the purpose of deciding the issue in controversy. The petitioner in W.P.No.13743 of 2023 joined in the State Audit Department in the year 2001 as a typist and thereafter, he was promoted as Senior Auditor in the year 2007. While he was working in the State Audit Department in the office of the Assistant Audit Officer, State Audit (MP) Chittoor, he got transferred on 30/6/2022 to the District Audit Officer, State Audit, Chittoor. While the things stood thus, the 3rd respondent issued impugned transfer orders vide proceedings Roc.No.132- III/C/2023-2, dtd. 31/5/2023 which were served on the petitioner on 6/6/2023, transferring the petitioner to the office of the Joint Director, State Audit, Tirumala Tirupati Devastanam, Tirupati, Tirupati District from the State Audit Office, Chittoor, Chittoor District.

3. The main grievance of the petitioner is that he has completed only 10 months period in the present station i.e. State Audit Office, Chittoor and the present impugned transfer orders dtd. 31/5/2023 were issued by the respondent No.3 without jurisdiction and contrary to G.O.Ms.no.71, dtd. 17/5/2023. Initially, the name of the petitioner was not included in the transfer list that has been finalised on 31/5/2023. The 4th respondent issued memo vide Roc.No.179/A1/2023, dtd. 5/6/2023 requesting all the concerned District Officers, State Audit in Zone-IV to submit compliance report about the transfers made before 31/5/2023. Transfer orders with regard to the employees working in Zone I, II and III were issued by the Regional Deputy Director. But, the impugned transfer order of the petitioner who is working in Zone IV was issued by the Joint Director, who is not the competent authority to issue transfer orders. Challenging the same, the present writ petition is filed. On 19/6/2023, this Court passed an interim order duly suspending the transfer orders dtd. 31/5/2023 issued by the 3rd respondent and the operative portion of the same is extracted as under:

"...Considering the said submissions, no doubt, the respondents can affect the transfers on administrative ground. But in the instant case, no reasons were mentioned in the impugned orders on what administrative grounds the authority have affected the transfer of the petitioner within a period of seven months. Power is given to affect administrative transfers but it should be in a transparent manner. Here the authorities have not mentioned any administrative reasons for affecting the transfer of the petitioner. Hence the proceedings dtd. 31/5/2023 of the 3rd respondent is suspended on the ground of violation of conditions in G.O.Ms.No.71 dtd. 17/5/2023."

4. The respondent Nos.1 to 5 have filed a counter contending that the transfer orders were issued within the deadline of 31/5/2023 and further, as per Sec. 3.3 of the A.P. State Audit Act, 1989, the Director shall exercise general control and superintendence over the officers of the State Audit Department in the performance of their functions under this Act and also t

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top