Writ petition challenging transfer order dismissed as petitioner joined duty and reported for attendance subsequently, vacating the court's consideration.
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HONOURABLE SRI JUSTICE G.CHANDRAIAH AND HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No. 42269 of 2015
DATED 18TH JANUARY, 2016
BETWEEN
Smt. P. Manjula Devi
…Petitioner
And
State of Telangana, rep. by its Principal Secretary, Home (Courts-A) Department, Secretariat, Hyderabad and ors.
…Respondents
HONOURABLE SRI JUSTICE G.CHANDRAIAH AND HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No. 42269 of 2015
ORDER: ( Per Hon’ble Sri Justice G. CHANDRAIAH)
This Writ Petition is filed against the order dated 23.12.2015 passed in O.A.No.7138 of 2015 by the Andhra Pradesh Administrative Tribunal (for short ‘the Tribunal’).
It is the case of the petitioner that while she was working as Senior Assistant Public Prosecutor, Bhongir, Nalgonda District, the Government through order dated 9.3.2013
transferred and posted as Senior Assistant Public Prosecutor, Nampally Courts, Hyderabad. It is her further case that though there are no disciplinary proceedings initiated against her and no departmental proceedings are pending, the Government through G.O.Rt.No.1074, dated 18.12.2015 transferred and posted her as Senior Assistant Public Prosecutor, JFCM, Bodhan, Nizambad. Aggrieved by the same, the petitioner approached the Tribunal by filing O.A.No.7138 of 2015. Though the Tribunal initially directed the Government to continue the petitioner at the present place of posting, i.e. at Nampally Courts, by impugned order dated 23.12.2015 vacated the said order while admitting the OA on the ground that the petitioner failed to establish any mala fides on the part of the respondents in transferring her. On other hand, it was held in the order impugned in the Writ Petition that substantial allegations involving moral turpitude and misbehavior have been reported against the petitioner in the preliminary enquiry conducted by the Public Prosecutor, MSJ Court, Hyderabad. Aggrieved by the same, the petitioner filed the present Writ Petition.
When the Writ Petition is taken up for admission, the learned Government Pleader produced a copy of joining report of the petitioner dated 8.1.2016, from which, it is clear that the petitioner reported for duty on 8.1.2016 FN after availing medical leave and took charge of the post of Senior Assistant Public Prosecutor , Bhodan, Nizamabad District. In view of the same, nothing remains for consideration in the present Writ Petition.
The Writ Petition is therefore dismissed. However, this order will not preclude the petitioner to pursue the OA filed by
her and to get it disposed of in accordance with law. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE G.CHANDRAIAH
-----------------------------------------------JUSTICE U.DURGA PRASAD RAO
DATED 18th JANUARY, 2016. Msnrx
Smt. P. Manjula Devi
State of Telangana, rep. by its Principal Secretary, Home (Courts-A) Department, Secretariat, Hyderabad
G. Chandraiah
U. Durga Prasad Rao
As recorded by the court registry
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