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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
B. Ravi Kumar Reddy – Appellant
Versus
Director General of Prisons and Correctional Services – Respondent
| 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
Transfer orders must be justified and not punitive; fair administrative action is key to uphold principles of natural justice.
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.
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....
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, ....
Administrative transfers must adhere to guidelines and principles of natural justice, ensuring fairness and legality in public service appointments.
The transfer order based on allegations should be followed by a detailed investigation and disciplinary action, and the individual should be provided an opportunity to defend against the allegations ....
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