C.NARASIMHA MURTHY Vs. STATE OF A.P.

JUDGEMENT

(1.) Writ Petition No.13743 of 2023 came to be filed under Article 226 of the Constitution of India seeking the following relief:

(2.) The writ petition No.13743 and 2023 is taken as leading petition for the purpose of deciding the issue in controversy. The petitioner in W.P.No.13743 of 2023 joined in the State Audit Department in the year 2001 as a typist and thereafter, he was promoted as Senior Auditor in the year 2007. While he was working in the State Audit Department in the office of the Assistant Audit Officer, State Audit (MP) Chittoor, he got transferred on 30/6/2022 to the District Audit Officer, State Audit, Chittoor. While the things stood thus, the 3rd respondent issued impugned transfer orders vide proceedings Roc.No.132- III/C/2023-2, dtd. 31/5/2023 which were served on the petitioner on 6/6/2023, transferring the petitioner to the office of the Joint Director, State Audit, Tirumala Tirupati Devastanam, Tirupati, Tirupati District from the State Audit Office, Chittoor, Chittoor District.

(3.) The main grievance of the petitioner is that he has completed only 10 months period in the present station i.e. State Audit Office, Chittoor and the present impugned transfer orders dtd. 31/5/2023 were issued by the respondent No.3 without jurisdiction and contrary to G.O.Ms.no.71, dtd. 17/5/2023. Initially, the name of the petitioner was not included in the transfer list that has been finalised on 31/5/2023. The 4th respondent issued memo vide Roc.No.179/A1/2023, dtd. 5/6/2023 requesting all the concerned District Officers, State Audit in Zone-IV to submit compliance report about the transfers made before 31/5/2023. Transfer orders with regard to the employees working in Zone I, II and III were issued by the Regional Deputy Director. But, the impugned transfer order of the petitioner who is working in Zone IV was issued by the Joint Director, who is not the competent authority to issue transfer orders. Challenging the same, the present writ petition is filed. On 19/6/2023, this Court passed an interim order duly suspending the transfer orders dtd. 31/5/2023 issued by the 3rd respondent and the operative portion of the same is extracted as under: