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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL, J
Subash Chander Manhas S/o Sh. Swami Raj Manhas – Appellant
Versus
The Jammu & Kashmir Bank Limited – Respondent
ORDER :
1. In the instant petition filed under Article 226 of the Constitution of India, petitioner seeks the following reliefs:-
i. Certiorari quashing Order No. JKB/IR/2022-23-482 dated 21.03.2023, whereby the representation/appeal filed by the petitioner pursuant to the order dated 03.03.2023 passed by this Hon'ble Court in WP(C) No. 499/2023, had wrongly been rejected by respondent No. 1, without considering the Transfer Policy framed and published by the Jammu & Kashmir Bank on 01.09.2021 regulating the transfers of the Jammu & Kashmir Bank employees/officials/officers.
ii. Certiorari quashing Order No. JKB/HR-Placements/2022-23/1193 dated 16.02.2023 issued by respondent No. 2 whereby the petitioner had wrongly been transferred from the post of Chief Manager lmpaired Asset Portfolio Management at Zonal Office, Jammu and posted as Branch Manager in Branch (Radish) Rajouri in violation of the Transfer Policy dated 01.09.2021 , irrespective of the fact that the petitioner, who had already served five hard zones before his transfer to Jammu as Branch Manager, J&K Bank Branch, Channi Himmat, Jammu, had been wrongly transferred to hard zone in violation of the Rule- 5(1) read with Rule
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.
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
Frequent transfers contravene established transfer policies and may constitute harassment, requiring reconsideration of grievances while emphasizing the importance of a conducive work environment.
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.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
The main legal point established is that the transfer policy of the Corporation is non-enforceable and does not confer any absolute right upon the employee. The regulations give the competent authori....
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 spouse ground for transfer can only be utilized once in a ten-year block, and the petitioner had already availed this benefit, thus the transfer was upheld.
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