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2025 Supreme(Telangana) 448
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
B. Ravi Kumar Reddy - Appellant
Versus
The Director General of Prisons and Correctional Services - Respondent
WP/14387 OF 2023
Decided On : 28-04-2025
Advocate Appeared:
For the Appellant : ARVIND KUMAR KATA
For the Respondent: GP FOR HOME
Transfer orders must be justified and not punitive; fair administrative action is key to uphold principles of natural justice.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Transfer order - Petitioner sought to quash the transfer order claiming it was arbitrary and vindictive, lacking justification - The petitioner was transferred from Central Prison to another without adequate reasoning provided in the orders issued on administrative grounds - Respondents argued it was for administrative convenience, not punishment - Writ petition highlights principles of natural justice and fair administrative action. (Paras 2-10)
(B) Administrative Law - Principle of natural justice - Transfer orders must not appear punitive in nature and should be backed by valid justification - If similar requests for transfer have been accommodated in the past, similar consideration should be given to the petitioner. (Paras 9-10)
Facts of the case:
The petitioner, a Warder since 2012, challenged the legality of his transfer from Central Prison, Cherlapalli to Sangareddy. He stated the transfer lacked justification and undermined his familial responsibilities. (Paras 3-5)
Findings of Court:
The transfer order was termed as lacking justification; the petitioner’s representation must be considered by the respondent within three weeks. (Paras 10-11)
Issues: The main issues revolved around the legality of the transfer order and whether it amounted to punitive action without solid justification. (Paras 4-10)
Ratio Decidendi: The court ruled that transfer must not violate principles of natural justice and should be based on valid administrative needs, reaffirming the importance of considering past accommodations in such matters. (Paras 9-10)
Result: Writ petition disposed of directing the respondent to consider the petitioner's request.
| Table of Content |
|---|
| 1. petitioner's case regarding transfer (Para 2 , 3) |
| 2. respondents' justification for attachment (Para 4 , 5) |
| 3. petitioner's reliance on previous judgment (Para 6 , 9) |
| 4. direction to consider petitioner's representation (Para 7 , 8 , 10 , 11) |
JUDGMENT :
SUREPALLI NANDA, J.
Heard Sri Aravind Kumar Kata, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services appearing on behalf of the respondents.
2. The petitioner approached the Court seeking prayer as under:
“.....to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus:
(a) By declaring the entire action of the respondents, particularly the entire action of the respondents 1 & 2 in issuing the present Impugned Memo No.Estt/B4/299/2023 dated; 27-5-2023 of the 1st respondent and consequential Proc No. CPCH/E2/7729-35/2023 dated; 2-6-2023 of the 2nd respondent wherein attached the services of the petitioner to the 3rd respondent office by simply mentioning on administrative grounds even without assigning any such reasons, during the ban on transfers is as highly illegal, arbitrary, unjust, improper, colorable exercise of power, vindictive attitude and nothing but stigma/punitive in nature and contrary to various judicial pronouncements in the subject matter and set aside or quash the impugned proceedings.
(b) and consequently to direct the respondents to continue and retain the services of the petitioner as Warder in the O/o. 2nd respondent without reference to the present Impugned Memo No. Estt /B4/299/2023 dated; 27-5-2023 of the 1st respondent and consequential Proc No. CPCH/E2/7729-35/2023 dated; 2-6-2023 of the 2nd respondent, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”
3. The case of the petitioner, in brief, is that he was appointed as a Jail Warder on 06.03.2012 and posted at Central Prison, Rajahmundry. After the bifurcation of the State, the petitioner was transferred to the office of respondent No.2 in February 2014. Respondent No. 1 issued a memo dated 27.05.2023 to the petitioner, transferring him to Central Prison, Sangareddy, and respondent No.2 issued a consequential order dated 02.06.2023 directing the petitioner to report to respondent No.3 without any justification. The memo merely references the minutes of the establishment committee dated 25.05.2023 but fails to explain why the petitioner’s transfer is necessary or justified. Aggrieved by the same, the petitioner filed the present writ petition.
4. PERUSED THE RECORD A) The relevant portion of the proceedings vide Memo No. Estt/ E4/ 299/ 2023, dated 27.05.2022 issued by the respondent No.1-The Director General of Prisons and Correctional Services, Chenchalguda, to the petitioner is extracted hereunder “Sri. B. Ravi Kumar Reddy, Warder Central Prison, Cherlapally is attached in Central Prison Sangareddy on Administrative Grounds.
2) The Superintendent Central Prison, Cherlapalli requested to relieve the above individual with a direction to report before the Superintendent Central Prison, Sangareddy.
3) The duties of relief and joining of the above individual should be reported to this office in due course.”
B) The relevant portion of the proceedings vide Proc. No.CPCh/ F2/ 7729-35/ 2023, dated 02.06.2023 issued by the respondent No.2-The Superintendent, Central Prison, Cherlapally to the petitioner is extracted hereunder
“In pursuance of Head Office orders issued in the reference cited Sri. B. Ravi Kumar Reddy, Warder Central Prison, Cherlapally who is under orders of attachment to Central Prison Sangreddy on Administrative Grounds is relieved of his duties at this Institution on the Afternoon of 02-06-2023 with a directing to report before the Superintendent Central/Prison Sangareddy immediately.
The Superintendent Central Prison Sangareddy is requested to inform the date of joining of the above Warder at Central Prison Sangareddy
