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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN
Pulari Venkat Rao – Appellant
Versus
State Of Andhra Pradesh, Represented By Its Secretary Home Department – Respondent
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to be suspended by proceedings dated 28.12.2024 issued by 4th respondent and immediately, on the next day, the same was revoked, however, the said Wa
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.
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
Point of law: Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, ....
Transfers of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
Transfer orders must be justified and not punitive; fair administrative action is key to uphold principles of natural justice.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
The court emphasized the need for detailed investigation and disciplinary proceedings on substantiated allegations in transfer matters, highlighting the limited scope of judicial review and the impor....
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