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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE SUBBA REDDY SATTI, J
B. Uma Shankar – Appellant
Versus
State Of AP – Respondent
| Table of Content |
|---|
| 1. scope of judicial review (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 2. judicial review limited (Para 18 , 19 , 20 , 22) |
| 3. writ petition dismissed (Para 21) |
ORDER :
The above writ petition is filed impugning the proceedings issued by the 2nd respondent vide Ref.No.APCO/CO/Ad.I/BUS.AMO/MO/SPO/RJY/TRF/KOLK/24 dated 11.11.2024 (Ex.P1), transferring the petitioner.
3. Heard Smt.S.V.Bharatha Lakshmi, learned counsel for the petitioner and Sri Prabhakar, learned standing counsel for respondents2 to 5.
5. Learned standing counsel for respondents 2 to 5 would submit that the transfer of the petitioner is on administrative grounds and not punitive. He would also submit that though the petitioner pleaded punitive, no such instances are mentioned in the affidavit and he eventually, prayed to dismiss the writ petition.
Whether the transfer order, impugned in the writ petition, suffers from any illegality warranting interference by this Court to exercise judicial review under Article 226 of the Constitution of India?
8. In Gujarat Electricity Board Vs. Atmaram Sungomal Poshani, [1989 SCR (2) 357], the Hon’ble Apex Court has observed thus:
9. In Union of India Vs. H.N. Kirtania, [1989 SCR (3)
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
Transfers of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
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.
Judicial review of transfer orders is limited to cases of mala fides or statutory violations; transfers are normal incidents of service.
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
Transfer orders are within the employer's discretion and not subject to judicial review unless vitiated by mala fides or statutory violations.
Judicial review of transfer orders is limited; transfers are valid unless proven to be made in mala fides or in violation of statutory provisions.
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