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2002 DIGILAW 1449 (AP)

Inspector General of Registration and Stamps, A. P. v. S. Balaswamy, Sub-Registrar, Internal Audit, Guntur

2002-12-12

B.SESHASAYANA REDDY, S.R.NAYAK

body2002
( 1 ) RULE Nisi. ( 2 ) WITH the consent of the learned counsel for the parties, the main writ petition was heard finally, ( 3 ) BY the impugned order, the learned tribunal directed the petitioners herein to consider the case of the respondent/ applicant for transfer to any of the places of his choice as mentioned by him at the time of counselling held on 11-6-2002 and to issue posting orders accordingly, ( 4 ) WE are of the considered opinion that the learned Tribunal has exceeded its jurisdiction in issuing a direction to the petitioners herein to issue posting orders as per the choice of the respondent/applicant. It is trite that the respondent/applicant is holding a transferable post. Therefore, he is liable to be transferred from place to place and post to post in the interest of public administration. Who should work where is the prerogative of the employer and unless the exercise of power is tainted by permissible grounds such as mala fides or want of authority the Courts are very slow to interfere with the transfer orders. Courts have held that even in a case of hardship that may be caused to an employee on account of transfer non-transfer from a place it is not for the court to appreciate such hardship and grant relief, and it is for the concerned authorities in the Government to appreciate the hardship and pass appropriate orders. It is true, as highlighted by the respondent/applicant, that during the pendency of the Original Application before the learned Tribunal the Vigilance commissioner has opined that no case is made out against the respondent/applicant on the alleged misconduct and the proceedings be dropped and accordingly they are dropped by proceedings dated 11-9-2002. In view of these developments, it is for the transferring authority to consider the feasibility and expediency of transferrring the respondent/applicant to one of the places chosen by him during the counselling held on 11-6-2002. In that view of the matter, we partly allow the writ petition and in substitution of the order of the learned Tribunal, we direct the petitioners to consider the request of the respondent/applicant for transfer to one of the places indicated by him during the counselling dated 11-6-2002, in the light of the further developments. ( 5 ) THE writ petition is partly allowed to the extent indicated above. No costs.