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IN THE 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
WP(C) No. 762 OF 2023 CM No. 1867 OF 2023
Decided On : 01-01-2025
(A) Constitution of India - Article 226 - Transfer Policy of Jammu & Kashmir Bank - Petition challenging transfer orders and seeking reinstatement as Chief Manager - Petitioner argued that transfers violated established policy and rules - Court found that management's discretion in transfers is paramount and upheld the validity of the transfer orders. (Paras 1, 13, 15, 16)
(B) Writ Jurisdiction - Scope of judicial review in transfer matters - Court emphasized that it cannot interfere in administrative decisions regarding employee transfers unless there is a clear violation of policy or law. (Paras 6, 13)
Facts of the case:
The petitioner, a bank employee, challenged his transfer from Chief Manager to Branch Manager, claiming it violated the Transfer Policy and was unjustified given his prior service in hard zones. (Paras 1, 2)
Findings of Court:
The court held that the transfer was in accordance with the bank's policy and the management's discretion, emphasizing that no employee has an unfettered right to remain in a specific position. (Paras 13, 16)
Issues: The main issues included whether the transfer violated the Transfer Policy and if the court could intervene in administrative transfer decisions. (Paras 1, 6)
Ratio Decidendi: The court ruled that the management has the right to transfer employees based on organizational needs and that the petitioner did not have a right to remain in a specific position, affirming the validity of the transfer orders. (Paras 13, 16)
Result: Petition dismissed.
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-6 of the Transfer Policy framed and published by the Jammu & Kashmir Bank on 01 .09.2021 with appendix attached thereto.
iii. Mandamus commanding the respondents to allow the petitioner to work as Chief Manager, lmpaired Asset Portfolio Management at Zonal Office, Jammu and also allow him to complete his routine tenure of three years in terms of the Rule-5 of the Transfer Policy dated 01.09.2021.
OR
iv. Any other writ, order or direction which this Hon'ble Court may deem just, fit and proper in the nature and circumstances of the case may also be passed in favour of the petitioner.
2. The facts leading to the filing of the instant petition are that the petitioner, who was highly qualified and eligible, came to be appointed as Cashier/Clerk in the year 1995 and had discharged his duties to the entire satisfaction of his superior officers. In the year 2000, he had been declared qualified as P.O. in the Bank Examination conducted by the Jammu & Kashmir Bank and was appointed as Manager in the Jammu & Kashmir Bank. After his appointment as Manager in the J&K Bank, he was posted in District Doda and District Kishtwar, which are hard stations. The petitioner was subsequently transferred and posted as Branch Head in Jammu & Kashmir Bank Ramban in the year 2019, which is also a hard area location/zone as per the Transfer policy. After serving there as Branch Head, Ramban for sixteen months, he came to be transferred prematurely to Cluster Head, Ramban located at Batote, that too, from one hard area to another hard area vide order No. JKB/HR-Placements/2020-21/1038 dated 20.10.2020. Thereafter, he was transferred to Branch Head Channi Himmat, Jammu, prematurely by virtue of order No. JKB/HR-Placements/2021-22/2259 dated 14.03.2022.
3. The specific case of the petitioner is that he had served as Branch Head Channi Himmat, Jammu only for five months and he was deputed to GSS Department vide deputation order dated 31.08.2022 issued by personnel Department Zonal Office, Jammu, who were not competent to depute a Branch Head on deputation, that too, without assigning any reason for the same. The petitioner remained on deputation for a period of one month & three days only and again was transferred & posted as lncharge lmpaired Asset portfolio Management at Zonal Office, Jammu from Branch Head Channi Himmat, Jammu without any reference to deputation order (supra) by virtue of order No. JKB/HR-Placements/2022-23/786 dated 04.10.2022. After posting of the petitioner as lncharge lmpaired Asset Portfolio Management Zonal Office, Jammu, he was again transferred to J&K Bank Branch (Radish) Rajouri vide Order No. JKB/HR-Placements/2022-23/1193 dated 16.02.2023 against the Transfer Policy dated 01.09.2021 and without adhering to the Rule-5(1) and Rule-(6) of the Transfer policy
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.
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