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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
S. Shaleh @ Shaleh – Appellant
Versus
Bank of Maharashtra – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. The subject matter of challenge in the instant writ petition is the memo dated 07.12.2024 as issued by the respondent no.6/Authority addressed to the writ petitioner whereby and whereunder the respondent no.6/authority transferred the writ petitioner from Kolkata Zone to Patna Zone.
2. It is undisputed that the writ petitioner is a Senior Manager in Scale III and pursuant to her release on 08.01.021 from Pune City Zone she joined in the Kolkata Zonal Office of respondent no.1/bank as Senior Manager, Scale III.
3. At the time of hearing, Mr. Majumder, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page nos.22 to 39 of the instant writ petition being a copy of memo dated 24.06.2024 enclosing therewith a copy of the Transfer Policy governing the officers in Scale I, II and III as adopted by the Board of Directors of the respondent no.1/bank in a meeting dated 07.06.2024.
4. In course of his submission Mr. Majumder further draws attention of this Court to Clauses 5.4 and 5.5 of the said Transfer Policy under the heading “Inter Zone Transfer”. It is submitted by Mr. Majumder that on careful
The authority to transfer employees lies with designated officials per company policy, and such transfers can only be challenged on grounds of mala fides or policy violation.
The Transfer Policy for lady officers allows for transfers within the same zone without invoking the three-year tenure requirement, as this applies only to inter-zonal transfers.
Frequent transfers contravene established transfer policies and may constitute harassment, requiring reconsideration of grievances while emphasizing the importance of a conducive work environment.
The court ruled that transfer orders are administrative decisions and can only be interfered with if proven mala fide or in violation of statutory provisions.
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
Management has the discretion to transfer employees based on organizational needs, and courts cannot interfere in such administrative decisions unless there is a clear violation of policy.
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