ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“To issue Writ of Mandamus declaring the action of the Respondents in transferring the petitioner by way of punishment, which is punitive in nature and on an anonymous complaint made by a rival union members vide Proc.No.E2/813(01)/2023- IBM dated 13.03.2023, middle of the Academic Year and without there being any disciplinary case against the petitioner a high handed and arbitrary action, contrary to APSRTC Regulations, without jurisdiction, contrary to the circular instructions and as such liable to be set-aside with a consequential direction to the respondents herein to continue the petitioner at Ibrahimpatnam Depot forthwith with all consequential benefits.”

2. Initially, the petitioner was appointed as Driver in the in Andhra Pradesh State Road Transport Corporation, and due to his medical unfitness, he was provided with alternative employment as Assistant Mechanic in the year 2016 and presently, he is working at Ibrahimpatnam Depot.

3. It is the case that, upon advice of the Depot Dispensary Doctor, the petitioner was on sick leave from 12.01.2023 to 21.01.2023 due to hypertension related issues. After completing the leave period, the petitioner reported to duty before the Depot Manager. It is alleged that the Depot Manager verbally abused the petitioner using offensive language. This incident garnered media attention when rival union members alleged that the Depot Manager mistreated his employees, and it was covered in the press. Subsequently, an enquiry was conducted, accusing the petitioner of being involved in the publication of the news article. Further, without providing a reasonable opportunity of hearing to this petitioner, the Depot Manager transferred the petitioner from Ibrahimpatnam Depot to Tiruvuru Depot, vide proceedings No.E2/813(01)/2023-IBM dated 13.03.2023. The contention of the petitioner is that, such punishment is not prescribed under the rules governing the service conditions of employees and imposition of such punishment of transfer to the petitioner is illegal and requested to set-aside the same.

4. On behalf of Respondent Nos.2 to 4, Respondent No.2 – Law Officer, APSRTC, Vijayawada, Krishna District, filed counter affidavit denying material allegations. It is stated that, since the petitioner does not have clean record in his entire service, he was asked to meet the Depot Manager for formal counsel to improve his attendance in his duties, but during counselling, the petitioner recorded the entire counselling scene without knowledge of the Depot Manager and posted a whatsapp message threatening to commit suicide. It is also stated that the petitioner made viral through his whatsapp groups and ensured to publish entire episode in Andhra Prabha newspaper with content “RTC LO AAGANI VEDHIMPULU” which was published that the Depot Manager in NTR District is subjecting the employees of Ibrahimpatnam Depot to harassment. Consequent upon the news clipping on 29.01.2023, the Security Head Constable of Ibrahimpatnam reported that the petitioner had played the same tactics of suicidal intimidation and blackmailing to commit suicide with the then AE(M)/IBM for informing him to reduce unauthorized absenteeism. Due to his whimsical, unruly and suicidal threatening behaviour and making viral of video, it may have impact on the good image of the corporation and may cause damage to the discipline among the staff.

5. It is further stated that vide Item No.9 of the RTC (Conduct) Regulations, no employee shall make any statement to the press or contribute any article or write any letter to the press either anonymously or in his own name or in the name of any other person or give any talk on the radio, directly or indirectly connected with the corporation without the prior sanction of competent authority. But, the petitioner was responsible for publication of news content since the video was leaked from his