PANCHAYAT SAMITHI KODAKANDLA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application filed under Article 226 of the Constitution of India for the issue of a writ of certiorari to quash the Memorandum No. 1841 dated 16th June, 1972. It arises in the following circumstances.

(2.) By order dated 14th July, 1971, a large number of teachers working in the schools under the control of the Panchayat Samithi, Kodakandla, including the petitioner, were transferred. The and respondent was one of such transferees. He was transferred before he had completed three years at the station where he was posted. There were some charges of misappropriation alleged to, have been committed bv him during July, 1965 to October, 1969. The permission of the District Educational Officer was obtained. He was thereupon transferred on 14th July, 1971, along with others.

(3.) The 2nd respondent without making any representation either to the Block Development Officer or the Panchayat Samithi, straightaway filed a revision petition under section 72 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959, (hereinafter referred to as the Act), complaining abort his transfer. The Government thereupon called for a report from the Block Development Officer who is tbe transferring authority. He submitted two reports one on 2nd September, 1971 and the second on 17th April, 1972. Without asking the Panchayat Samithi, anything, the Government cancelled the transfer of the and respondent. The Government went further and directed to post him back from where he was transferred whet) it was brought to its notice that the transfer order was implemented. It is this order that is impugned in this petition.