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2013 Supreme(Pat) 22

IN THE HIGH COURT OF JUDICATURE AT PATNA
S.N. HUSSAIN, J.
Anirudh Akhauri - Petitioner
Versus
State Bank of India, through its Chairman, Central Office, State Bank Of India, State Bank Bhavan, Madame Cama Road, Mumbai - Respondents
Civil Writ Jurisdiction Case No.22441 of 2012
Decided on : 08-01-2013

Advocates Appeared:
For the Petitioner:Mr. Binod Kumar Kanth, Sr. Advocate and Mr. A. Srivastava
For the Respondents:Mr. Tarakant Jha, Sr. Advocate, Mr. R. Ahasan, Sr. Advocate, Mr. S. D. Sanjay, Advocate, Mr. A. Chaturvedi, Advocate and Mr. Anil Kumar

Headnote:

Service Law – Transfer – Banking Service – There is no law that an employee has to remain at the same place, where proceeding had been initiated – Merely on the ground that petitioner was transferred from one place to another within a period of 31 days, such transfer cannot be held to be bad or illegal – Minor irregularities in passing order of transfer would not affect order of transfer, which is necessary – Allegation of malafide not established – There is no bar in transferring a senior employee while retaining a junior – Transfer is incident of service and judicial interference should be in very rare cases – Writ petition dismissed. (Paras 17 to 24)

ORDER

This writ petition has been filed by the petitioner for the following reliefs :-

(i) Issuance of a direction, order or writ including writ in the nature of certiorari quashing the order dated 30.11.2012 issued by the Deputy General Manager & Circle Development Officer, Human Resources Department of State Bank of India at its Local Head Office in Patna, by which the petitioner has been transferred to the North Eastern Circle of the Bank in the most arbitrary and illegal manner without assigning any reasons for issuing the said order of transfer of the petitioner much less indicating the administrative exigency warranting issuance of the said transfer order notwithstanding the fact that vide an office order dated 29.10.2012 issued by the Bank the petitioner had recently been transferred as AGM(OSD), stationed at SBLC, Purnea;

(ii) Issuance of a direction, order or writ including writ in the nature of mandamus commanding the concerned respondent authorities under the Bank to refrain from giving effect to the directions contained under the aforesaid letter dated 30.11.2012, by which the petitioner has been transferred to the North Eastern Circle of the Bank in the most arbitrary and illegal manner;

(iii) Any other relief that the petitioner may be found to be entitled to in the facts and circumstances of the present case.

2. Learned counsel for the petitioner stated that he initially joined in the service of the State Bank of India (hereinafter referred to as `the Bank’ for the sake of brevity) as Probationary Officer on 16.10.1979 and was confirmed as Junior Management Grade (J.M.G.) Scale-I on 16.10.1981 and subsequently on the basis of his performance in service he was granted promotions to the higher scale from time to time and as such was promoted to the Senior Management Grade (S.M.G.) Scale-V with effect from 01.11.1999 in the Bank.

3. Learned counsel for the petitioner averred that he is an active member of the State Bank of India Officers’ Association, which is the only recognized Officers’ Association within the State of Bihar and Jharkhand and from time to time he held important offices of the said Association making considerable contribution towards the welfare and interest of the officers of the Bank. During 2006-2009, he was the elected President of the Central Committee of State Bank of India Officers’ Association (Patna Circle) and subsequently during 2009-2012 he was the elected General Secretary of the said Committee. However, during the said period he was elected as President of All India State Bank Officers’ Federation on 28.05.2012.

4. Learned counsel for the petitioner claimed that the views of the Chairman of the Bank were published in different newspapers with respect to keeping the branches of the Bank open on all the seven days in a week, whereafter the All India State Bank Officers’ Federation decided to stage a protest on 28.08.2012 against the said views and in their meeting, the petitioner in the capacity of General Secretary of State Bank of India Officers’ Association (Patna Circle) addressed the officers of the Bank at the local Head Office of the Bank in Patna protesting against the said decision of the Chairman of the Bank, which was contrary to the demand of All India State Bank Officers’ Federation of five days’ Banking. The said act of the petitioner was not in his personal capacity of an Officer of the Bank, rather it was in the capacity of the General Secretary of State Bank of India Officers’ Association.

5. Learned counsel for the petitioner submitted that on 30.08.2012, the Deputy General Manager of the Bank sent a letter addressed to the General Secretary of the Association, calling upon him to desist from such behaviour and not to repeat it in future. Thereafter, another letter dated 22.09.2012 was sent by the said authority stating that since no response was sent by the petitioner to the earlier letter dated 30.08.2012, it was held that the petitioner’s action in holding demonstra




















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