PULARI VENKAT RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) Petitioners 14 in number working as Prison Warder/Prison Constable assailed memorandum No.Estt-4/03/2024, dtd. 29/12/2024 and consequential proceedings No.CP/VSP/OS(E)/ 8822/2024, dtd. 29/12/2024, by which they have been transferred to be wholly illegal, arbitrary, violative of Articles 14, 16 and 21 of Constitution of India.

(2.) (a) Petitioners were initially appointed as Warders/Constables in Central Prison at Warangal in different spells of time and subsequently, were transferred to Central Prison at Visakhapatnam, some in the year 2022 and others in the year 2023. On 27/12/2024, during the normal course of duties, the petitioners and other staff were searched and checked by 3rd respondent, as the same was softly resisted, the same annoyed superiors.

(3.) (a) 3rd respondent filed counter inter alia stating that the 2 nd respondent has issued memo dtd. 29/12/2024 transferring as many as 66 employees working in different capacities in different prisons, which is purely an administrative decision. Later, 3rd respondent issued consequential relieving orders and that now petitioners have all joined at their new stations and are working there. With respect to the allegation of search and inspection in the prison, it is stated that based on information received that there is possible presence of contraband, suspected to be mobile phone in Penna Block of Central Prison, Visakhaptnam, there was a surprise check, in particular petitioners 5 and 6, who were on duty at entrance of Penna Block were checked and the said check was conducted in guards resting room in terms of the memos dtd. 1/12/1998, 6/12/2005 and 16/2/2013, issued by Director General of Prisons and instructions of Ministry of Home Affairs, Government of India.