Telangana High Court
WP/41029/2014 of M. Rafee S/o M.Imamappa Vs Union of India, Rep.byithe General Manager, on 31 December 2014
SRI JUSTICE K.C.BHANU AND THE HON’BLE MRS JUSTICE ANIS WRIT PETITION No.41029 OF 2014 ORDER:- (per Hon’ble Sri Justice K.C.Bhanu) This writ petition is filed challenging the order, dated 06.06.2014, in O.A.No.020/0234/2014 on the file of the Central Administrative Tribunal,
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THE HON'BLE SRI JUSTICE K.C.BHANUANDTHE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.41029 OF 2014
ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)
This writ petition is filed challenging the order, dated 06.06.2014,in O.A.No.020/0234/2014 on the file of the Central AdministrativeTribunal, Hyderabad Bench, Hyderabad (for short, “the Tribunal”).
2. The petitioner joined as Pharmacist-II in Guntakal Division ofSouth Central Railway during January, 1996 and was given promotionto the merged cadre of Pharmacist Grade-I during 2009. Whileworking at Kadapa since October, 2007, he submitted a requesttransfer application to respondent No.3 for transfer to Railway Hospital,Guntakal vide letter, dated 03.01.2014. Basing on the said requesttransfer application to respondent No.3, he was transferred fromKadapa to Guntakal by the competent authority on 29.01.2014. In themeanwhile, on 13.01.2014, the petitioner made an applicationwithdrawing the request transfer application, dated 03.01.2014, andthat has not been accepted.
3. Petitioner/applicant filed the aforementioned Original Applicationbefore the Tribunal to call for the records pertaining to Office OrderNo.SCR/P-HQ/121/MD/PHA/Vol.XII issued under letter, dated29.01.2014, and declare the action of respondent No.2 in transferringhim from Kadapa to Guntakal showing it as a request transfer andposting respondent No.5 in his place at Kadapa as illegal andarbitrary, and consequently, to set aside the same and quash the saidoffice order to the extent of the applicant and respondent No.5 isconcerned and direct respondent Nos.1 to 5 herein to retain theapplicant at Kadapa.
4 . The Tribunal, upon considering the material on record,dismissed the aforementioned Original Application. Challenging thesame, applicant filed the present writ petition.
5. Heard.
6. It cannot be said that without considering the letter of withdrawal,dated 13.01.2014, the request has been accepted by the competentauthority to transfer the petitioner from Kadapa to Guntakal. Hence,the Tribunal rightly passed the impugned order and that order needsno interference by this Court and the writ petition is liable to bedismissed.
7. Accordingly, the Writ Petition is dismissed. There shall be noorder as to costs. Miscellaneous Petitions, if any, pending in this WritPetition shall stand closed.
______________________
JUSTICE K.C.BHANU
_______________
JUSTICE ANIS
Date: 31.12.2014
AMD
THE HON'BLE SRI JUSTICE K.C.BHANUAND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.41029 OF 2014
DATE: 31.12.2014
AMD