Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sri Justice Subba Reddy Satti, J
T Tirupathi Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner challenges transfer order (Para 2 , 3 , 4) |
| 2. previous transfer and representation (Para 5) |
| 3. petitioner claims transfer is punitive (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court's limited interference in transfers (Para 16 , 17 , 18) |
| 5. transfer made on administrative grounds (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. writ petition dismissed (Para 30 , 31) |
COMMON ORDER :
Since the issues involved in all the writ petitions are interconnected, they are disposed of by this common order.
3. W.P.No.25482 of 2024 is filed to declare the action of respondents 3 and 4 in obstructing the petitioner from discharging his duties as Deputy Executive Engineer, SE PR Circle, Ongole, despite the impugned transfer order dated 20.09.2024 issued by the third respondent being suspended by this Court, illegal and arbitrary.
5. Averments in the affidavit, in brief, are that the petitioner while working as Deputy Executive Engineer at Kondepi, was transferred to PR to SE Circle, Ongole on 30.06.2022 and since then has been discharging duties. The 1st respondent issued G.O.Ms.No.75 dated 17.08.2024 prescribing the guidelines for transfers and postings of employ
Judicial review of transfer orders is limited; transfers made on administrative grounds are valid unless shown to be arbitrary or malicious.
Transfer orders must adhere to established guidelines; failure to do so constitutes arbitrariness and violates Articles 14 and 16 of the Constitution.
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
Transfers of office bearers must adhere to statutory guidelines; failure to do so constitutes arbitrariness, violating Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is that the issue of transfer is a prerogative of the employer, and the courts cannot interfere with transfer orders made on administrative grounds un....
The transfer of an employee is within the prerogative power of the employer, who can withdraw, alter or modify any previous order of transfer. The court will not interfere under Article 226 of the Co....
Transfers of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
Legal malice is insufficient to challenge a transfer order unless clear procedural violations or malafide intentions can be proven.
Transfers in public service can be made on administrative grounds without detailed justification, provided they do not violate statutory rules or are made in bad faith.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
