Sri Kunda Pradeep Babu v. 1. Union of lndia

Petition under Article 226 ol the constitution of lnd ia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ order of direction more particularly are in the nature of writ of certiorari by declaring the action of Honourable Tribunal in ordering notice rn O.A. No 933 of 2025 as wholly erroneous and illegal and consequenfly by Setting aside the lmpugned transfer order issued by the Director / DAR Railway Board vide proceedings No. E(0)ttt-2025lTRt2025 dated 2g/o\t2o2s without providing an opportunity of to put forth his grievance, subsequently set aside the Relieving order No. 07712025 dated 01/09/2025 rssued by the 4th Respondent as void. i a { i * + t a ,t q a lA NO: 2 OF 2025 Petition uncrer Section 151 cpc praying that in the r -cumstances stated in the affidavit filed in support of the petition, the High cor- t may be preased to Suspend the lmpugned order issued by respondent vi(1, No.o77l2ozs Dated 0110912025 in S o as the petitioner is concerned, :.rd consequenfly an opportunity of hearrng to the petitioner here to put forth h s grievance arong with any other consequential proceedings pending disposal of tlrr marn writ petition. counsel for the Petitioner : SRI pRATAp NARAYANA sAl,l ;HI, senior counsel, rep., SRI SYED GHOUSE BASF q c o u n s e I ro r t h e R es p o n d e n ts : sR I I*.?[|31,T""*.T"% ra r r r r n d i a The Court made the following: ORDER a t * i * lF { i .-) , THE HON'BLE SRI JUSTICE ABHINAND KIIMAR SHAVILI AND THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY U/RIT PETITION NO.29679 OF 2025 ORDER: (Per the Hon'ble Si Justice Abltinand Kutnor Shauili) t he present Writ Petition is filed with the following prayer: - " . -.to issue a tuit order of direction more partianlarLg one in the nature of Wnt of Certiorari by declaring the action of Hon'ble Trtbunal in ordeirry notice in O.A.No.933 of 2O25 as uthollg erroneous and ilLegal and conseqtentlg bg setting oside the impugned transfer order issued bg the Director / DAR Railu-,ay Board uicle proceedLngs No. E(O)ilI 2O25/'fR/ 2025, dated 29.08.2025 utithout prouiding an opportunitA to put forth his grieuance, subseElentlA set aside the relieuing order No.O77/ 2O25 clated O1.O9.2O25 issued bg the 4th Respondent os uoicl..." 2 Heard Sri Pratap Narayana Sanghi, learned Senior Counsel representing Sri Syed Ghouse Basha, learned counsel appearing for the petitioner and the learned Additional Solicitor General ol India appearing for respondents

3. Learned Senior Counsel appearing for the petitioner had contended that the Petitioner Sr. Divisional Finance Manager in the South Centra-l 1S working as Railway, Guntakal. Learned Senior Counsei had further contended that the respondents have tralsferred the 2 F! petitioner from the South Central Raihvar' .o l hc North Eastern Raih.r,av vide proceedings datec 29 .O8 .2025, rvithout irssigning ary reasons and in r i I ation of the transfer polri,,. Aggrieved by the said transi r orders, the petitioner had approached the Tribune b-r filing O.A.No.9ii3 of 2025. However, the Tribuna Lnstead of considering the sta_v application, merely orde -ed notice to the responden ts. It is submitted that if the sl r r application is not taken up and the transfer order is in rlemented in the mearrtirne, then the petitioner woul, I br, put to irreparable loss and hardship. Once the petit.r ner joins the nerv placr' ol posting pursuant to the impu3 recl transfer, the very purpose of liling the O.A. would be deleateci Therefore, appropriate orders be passed in th: Wnt Petition by directi.-rg the Tribunal to ta-ke up the st,,r ' application and pass appropriate orders as expeditiouslr as possible Till the st;*' application is adjudicated by thrr Tribr:nal, let the respor-rdents permit the petitioner to cor -intre in the South Cer tral Railway.

4. Learned Senior counsel had further co. tended that the petitioner is suffering from heart related i Llments and 3 that he was blessed ivith a child on 28.08.2025, r'r'ho is currently undergoing treatmerrt for Neo-Natal health In view of these personal and medical issues. circumstances, the petitioner's presence is required in Hyd:rabad. Therefore, till the Tribunal takes up the stay application, let the petitioner be continued at the present place of posting i.e., South Central Railu'ays, Hyderabad.

5. On the other hand, the learned Additional Solicitor General of India appearing for the respondents had contended that the petitioner had approached this Court on the ground that the interim protection rvas not granted in respect of the tralsfer orders. As the O.A. is pending consideration before the Tribuna-i, the present Writ Petition is not maintainable. The petitioner may pursue his remedies before the Tribuna-l ald if the Tribunal allows the O.A., the petitioner can always come back to his present station. Therefore, there are no merits in the Writ Petition I I and the same is liable to be dismissed.

6. This Court, having considered the riva-1 submissions made by the parties, is of the vievv that the ends of justice would be met, if the Writ Petition is disposed of directing I the respc,ndents to continue the petitioner . t Gunr,akal tili the stay application 1S adjudicated by Tr bunal. 'l he Tribunal is requested to dispose of the stay r pplication as expeditio -rslv es possible, preferably, within a period of two (2) weekr; from the date ol receipt of copy rf this order However, it is made clear that it is always open to the respondents to raise objecticns, including th: question of rnaintainability of O.A. at Hyderabad before tl- : Tribunai.

7. With the above observations/directi<> S the Writ Petition ir; ciisposed of. No order as to costs. As a sequel, miscellaneous applicatic r s pending if anv shall stand closed //TRUE COPYII $E .P. PON ti; ;r\rarur NA KRISHNA REGISTRAR \ecrroru oFFrcER The SecretE ry, tVlinistrv of R Bhavan, Ne,n, Delhi _ if O OO?ll*"y., Union of lndia, Rir) oray Board, Rail J::,!^fi [Ti]fl,Til]*,il*tB1fl , yli'Ag,:t Ralwavs H s rd e ua rters Ra i rway IiEffiffil,llfl:1:B! J-".E;;1 4 Offlce of the principal Fi r"pa rtment So uth c e,tra I R a i rway, Ra i I no,Gi,so"uinilA'ti;;i,1if :1i'.Ji',il:B*:"d5",?.:}principarFinanciar

5. One CC to SRt SyED GHOUSE BASHA, Advocate. IOF JCI 6. One CC to SRt N BHUJAN9A RAO, Additionat Soticito. lenerat of tndia v, ,, ,\.,,d, Hish courr fc r the stare ot ferangiia ;lI;;1;#1" ic r uii",.- 7. Two CD Cop es BSK BS To, 1 2 3 IG * t u 6 1, a ; .1, T * I s !l { * { * * i * * t I ) - .L -; l ::- -.- l i- -t', '{ :ra\. ' ).'i ?s,i :,1,i: t, ;: r: ,',r '_ .t . -.::. ' HIGH COURT DATED:26109t202i ORDER WP.No.29679 of 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 I0 \ (