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2025 Supreme(AP) 752
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN, J.
Pulari Venkat Rao, S/o. Mohana Rao and Ors. – Petitioners
Versus
State Of Andhra Pradesh, Represented By Its Secretary Home Department and Ors. – Respondents
Writ Petition No. 454 of 2025
Decided On : 08-07-2025
For the Petitioners: Challa Ajay Kumar.
For the Respondents: GP for Services I
Judicial review of government employee transfers is very limited, focusing on malafides or clear statutory violations, with the presumption of administrative authority's decisions being lawful.
Headnote:(A) Constitution of India - Articles 14, 16, and 21 - Transfer of government employees - Petitioners contested their transfer as illegal and punitive rather than administrative, citing violation of constitutional rights. The court ruled that unless malafides or violation of statutory provisions are established, transfers are not subject to judicial interference. (Paras 1, 9, 15)
(B) Judicial Review - Limited scope - The court reiterated the principle that judicial review in employment transfers is restricted to cases of malafides, extraneous considerations, or clear statutory violations, and emphasized the necessity of deference to the administrative authority's discretion. (Paras 7, 12)
Facts of the case:
Petitioners, employed as Prison Warders, challenged transfers ordered as a response to misconduct linked to administrative searches for contraband, alleging violation of constitutional rights. They claimed the transfers were punitive due to a protest incident. (Paras 1, 2, 3, 14)
Findings of Court:
Transfers were justified as administrative decisions affecting 66 employees; strong evidentiary standards were required to deem them punitive or illegal. (Paras 16, 18)
Issues: Whether the transfers were punitive disguised as administrative actions, and whether judicial review was warranted based on alleged misconduct. (Paras 1, 14)
Ratio Decidendi: Transfers justified under administrative convenience unless proven otherwise, underscoring the principle of limited judicial review based on factual foundations of malafides or procedural violations. (Paras 9, 12, 17)
Result: Writ petition dismissed.
ORDER :
Petitioners 14 in number working as Prison Warder/Prison Constable assailed memorandum No.Estt-4/03/2024, dated 29.12.2024 and consequential proceedings No.CP/VSP/OS(E)/ 8822/2024, dated 29.12.2024, by which they have been transferred to be wholly illegal, arbitrary, violative of Articles 14, 16 and 21 of Constitution of India.
2. (a) Petitioners were initially appointed as Warders/Constables in Central Prison at Warangal in different spells of time and subsequently, were transferred to Central Prison at Visakhapatnam, some in the year 2022 and others in the year 2023. On 27.12.2024, during the normal course of duties, the petitioners and other staff were searched and checked by 3rd respondent, as the same was softly resisted, the same annoyed superiors.
(b) Later, on 28.12.2024, when petitioners tried to reason with 4th respondent, they were treated harshly and even threatened with police case. Treating the same as exhibiting gross misconduct, willful disrespect and insubordination, one of the Warder namely B.Vasudeva Rao stated to be suspended by proceedings dated 28.12.2024 issued by 4th respondent and immediately, on the next day, the same was revoked, however, the said Warder has been transferred to District Jail at Chittoor. Simultaneously, 2nd respondent issued memorandum dated 29.12.2024 transferring petitioners along with others to various stations, basing on which, 3rd respondent passed consequential proceedings issuing relieving orders for 66 employees, which included petitioners herein. Assailing the same, present writ petition is filed.
3. (a) 3rd respondent filed counter inter alia stating that the 2nd respondent has issued memo dated 29.12.2024 transferring as many as 66 employees working in different capacities in different prisons, which is purely an administrative decision. Later, 3rd respondent issued consequential relieving orders and that now petitioners have all joined at their new stations and are working there. With respect to the allegation of search and inspection in the prison, it is stated that based on information received that there is possible presence of contraband, suspected to be mobile phone in Penna Block of Central Prison, Visakhaptnam, there was a surprise check, in particular petitioners 5 and 6, who were on duty at entrance of Penna Block were checked and the said check was conducted in guards resting room in terms of the memos dated 01.12.1998, 06.12.2005 and 16.02.2013, issued by Director General of Prisons and instructions of Ministry of Home Affairs, Government of India.
(b) Subsequently, on 31.12.2024, two mobile phones, data cables and power bank were traced as buried underground in Penna Barrack. Aforesaid incident is stated to do nothing with the administrative transfers. The said search was found to be not to the liking of petitioners and other guarding staff, therefore, they had conducted protest in front of Central Prison demanding to end any further searching of guarding staff, which caused hindrance to the operations and posing grave threat to prison security as there were about 2059 prisoners stationed.
(c) It is also stated that in order to subside the protest, the officers of prison have entertained dialogue with protestors and after series of negotiations, on the assurance of Deputy Inspector General of Prisons, Costal Andhra Region, the protesting staff have silenced and resumed to their duties.
(d) In sum and substance, the counter tried to distance the transfers and the incident that had happened on 27th and 28th December, 2024.
4. (a) Petitioner filed reply denying the contents of counter with respect to the allegations made against petitioners 5 and 6 in particular and others in general with respect to the incident occurred on 27th and 28th December, 2024 and further also pleaded that after transfer, petitioners have been issued charge memos dated 17.02.2025 and 18.02.2025, based on the incident occurred on 28.12.2024 for misconduct, willful disrespect, indiscipline
