A Deputy Civil Surgeon challenged her transfer to a distant district following allegations of misconduct. The High Court declined to interfere with the Tribunal's finding that misconduct was established, holding the transfer was a valid option over disciplinary action.
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
W.P.No.25868 of 2013
ORDER: (Per LNR,J)
The petitioner is working as Deputy Civil Surgeon in the Medical and Health Department of Government of Andhra Pradesh. In the month of March 2013, she has been transferred and posted to Urban Primary Health Center(UPHC), Jubilee Hills. However, through proceedings, dated 29.05.2013, she has been transferred as Senior Public Health Officer, CHNC, Utnoor, Adilabad District. Challenging the same, the petitioner filed O.A.No.4302 of 2013 before the A.P.Administrative Tribunal, Hyderabad. Through its order, dated 22.07.2013, the Tribunal dismissed the O.A. Hence, this writ petition.
Heard learned counsel for the petitioner and learned Government Pleader for Services-I.
It is no doubt true that it was only in the recent past, that the petitioner has been transferred to UPHC, Jubilee Hills at Borabanda. However, the reason for transferring her to Utnoor is that the entire staff of UPHC, Jubilee Hills made a representation to the Director of Pubic Health and Family Welfare, Hyderabad, 3rd respondent herein alleging that the petitioner has misbehaved with the staff and other inmates of the office, by using filthy language and threatened to commit suicide. It was also alleged that she lifted chair against the medical officer. An enquiry was conducted into the allegations. On finding that there is
truth in the allegations, the 4th respondent passed the order of transfer.
Whenever certain acts of misconduct are noticed on the part of an employee, two options are open for the appointing authority. The first is to initiate disciplinary proceedings and the second is to transfer the employee to a different place. Out of concern for the petitioner, the second option was chosen.
A perusal of the counter affidavit filed in the O.A. discloses that what happened at UPHC, Jubilee Hills is not the solitary incident. The record discloses that wherever the petitioner was working, she has been creating problems to other employees. When this is the background, we do not find any basis to interfere with the order passed by the Tribunal or the order challenged therein.
Learned counsel for the petitioner submits that the petitioner has the left over service of one year and it would be difficult for her to function at a distant place like Adilabad. If that is so, she can make a representation to the 4th respondent. As and when such representation is made, it shall be considered on its own merits.
The writ petition is accordingly disposed of.
The miscellaneous petition filed in this writ petition shall also stand disposed of. There shall be no order as to costs.
______________________ L.NARASIMHA REDDY, J
_______________________ CHALLA KODANDA RAM, J
Date: 23.09.2013
JSU
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
W.P.No.25868 of 2013
Date: 23.09.2013
JSU
1 issue framed by the court
Whether the High Court should interfere with the Administrative Tribunal's refusal to set aside the order transferring a public employee distant.
Deputy Civil Surgeon
Government of Andhra Pradesh
L. Narasimha Reddy
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
