M G J KUMAR Vs. MANAGING DIRECTOR APSRTC

JUDGEMENT

(1.) ORDER: The petitioner who is a Security Assistant Sub-Inspector in the Andhra Pradesh State Road Transport Corporation seeks to challenge in this writ petition an order of transfer, transferring him from Karimnagar Zone to Vizianagaram Zone on administrative grounds. The transfer order is passed by the second respondent.

(2.) The order is sought to be challenged firstly on the ground that an inter-zonal transfer is not permissible under the Regulations. It is also contended that though the order is purported to be passed on administrative grounds, in reality it is passed as a measure of punishment following a charge-sheet issued to the petitioner on 14-5-1996. It is further contended that the petitioner was subjected to transfer from Nizamabad to Karimnagar as recently as on 15-12-1995 and there are absolutely no valid grounds whatsoever for transferring the petitioner once again to a different zone. The learned counsel forthe petitioner has placed reliance on a judgment of this Court in J. Ravinder v. Regional Manager, A.P.S.R.T.C, Karimnagar (S.R. Naik, J.) (1) 1994 (2) APLJ 225 wherein a learned Judge of this Court held that an order of transfer from one Division to another on the ground that the petitioners participated in 'work to rule' agitation causing loss to the Corporation amounts to punishment and that power of transfer has to be exercised to meet the needs and exigencies of the services and in the public interest, butnot for collateral objectives based on irrelevant and extraneous considerations. It was further held that transfer effected to a different division without any reasons therefor is bad.

(3.) Smt. A. Vijayanthi, learned Standing Counsel for the respondent-Corporation on the other hand has contended that according to A.P.S.R.T.C. Employees' (Service) Regulations, 1964, a transfer on administrative grounds can be made to any place in the State and that inter-zonal transfers on administrative grounds are perfectly legal and permissible. She has further contended that the charges framed against the petitioner are very grave in nature as the petitioner is alleged to have collected bribes from several persons promising to secure jobs for them and as an enquiry in that behalf is pending, in order to facilitate the said enquiry and to prevent the petitioner from tampering with the evidence, the impugned order of transfer is passed on administrative grounds.