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2025 Supreme(Online)(Tel) 54775

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
B. Ravi Kumar Reddy – Appellant
Versus
The Director General of Prisons and Correctional Services – Respondent
WP 14387/2023



HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.14387 of 2023 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 to the Head Office under intimation to this institution.”

C) The Counter affidavit has been filed on behalf of respondents, in particular, paragraph No.4 is extracted hereunder “4. In reply to Para Nos. 8 & 9 of t

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