Andhra HC (Pre-Telangana)
G.S.H. Reddy And Others vs A.P. State Road Transport Corporation, ... on 3 February, 1999
Equivalent citations: 1999(2)ALD477, 1999(2)ALT223
Author: A.S. Bhate
Bench: A.S. Bhate
ORDER M.S. Liberhan, C.J.
1. The learned Counsel for the appellants states that the impugned transfer is an unfair labour practice and is based on the allegations and is punitive in action. It would be expedient to note the transfer order in verbatim :
"Office Order Sub : Complaints - Complaint against certain Drivers of Tandur Depot for maintaining illegal musters by threatening depot Officials - Vigilance Enquiries -Transfer Orders - Issued.
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Based on the Vigilance report, Sri G.S.N. Reddy, E.251009, Driver of Tandur Depot is hereby transferred and posted to Hyderabad-2 depot on administrative grounds. He should be relieved after muster closing.
This has the approval of Regional Manager/Rangareddy Region."
From a reading of the transfer order, we are unable to subscribe to the submission made by the learned Counsel for the appellant that the impugned transfer is by way of punishment or is casting any stigma. Merely because in the subject it has been said that there are complaints against certain drivers, will not form part of the order transferring the petitioners-appellants on administrative grounds. As the Vigilance authorities brought certain facts to the notice of the administration which necessitated the transfer, the transfer order cannot be termed as a punishment, nor any facts have been brought to our notice which demonstrate that the transfer order is mala fide. A bald averment has been made that since the appellants are the members of the Union, they have been transferred which we find by itself is not a ground to hold that the transfer is mala fide.
2. In view of the facts narrated above, no finding can be reached that it is an unfair labour practice.
The writ appeal is dismissed.