JUDGMENT :

Ashutosh Kumar, J.

Heard Mr. R.K.P. Singh, learned advocate for the petitioner and Mr. Ajay Kumar Sinha, learned advocate for the respondent/bank.

2. The petitioner, who is a Clerk in the Bank of India, posted in the Boring Road, Patna branch has been transferred to the Rohtas branch of the bank vide order dated 23.05.2019.

3. It has been submitted on behalf of the petitioner that the order of transfer suffers from the vice of non-application of mind and is also vindictive in as much as even though the petitioner is an office bearer of the Union, he has been transferred, which is against the mandate of the Shastri Award as well as of the bipartite settlement.

4. It has further been submitted that the order cannot be sustained in the eyes of law for the reason that since petitioner is a Clerical staff, he could only have been transferred within 100 KM of the place where he is posted and that also after observing many formalities and taking into account considerations which have been set forth in the guidelines for transfer in the bank.

5. Mr. Ajay Kumar Sinha, learned advocate for the respondent/bank has countered the aforesaid submissions on the ground that there is no vested