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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. KALYANASUNDARAM, V. SIVAGNANAM, JJ.
T. Ashok - Appellant
Versus
The General Manager, Tamil Nadu Grama Bank, Salem - Respondent
W.A. No. 1743 of 2021 & C.M.P. Nos. 10931 & 10938 of 2021
Decided on : 29-10-2021
Constitution of India, 1950 – Article 226 – Intra court appeal is directed against order made by Writ Court, wherein, challenge made by appellant for his transfer from Sivagiri to Kancheepuram was rejected - Order of transfer was questioned by appellant in Writ Petition - According to him, transfer was punitive in nature that too it was during Covid-19 Pandemic and Regional Branch Manager, Kancheepuram was tested positive to Covid and entire Branch was closed - Whether there was any mis-behaviour is a question which can be gone into in a departmental proceeding - Whether there was mis-behaviour or conduct unbecoming of an employee is unnecessary and what is needed is prima facie satisfaction of authority concerned on contemporary reports about occurrence complained of and if requirement, as submitted by learned counsel for respondents, of holding an elaborate enquiry is to be insisted upon very purpose of transferring an employee in public interest or exigencies of administration to enforce decorum and ensure probity would get frustrated - Whether respondents could be transferred to a different division is a matter for employer to consider depending upon administrative necessities and extent of solution for problems faced by administration – Held, appellant has alleged that transfer was punitive in nature, as rightly observed by Judge that if transfer is made in mala fide intention, Authority against whom such an allegation raised must be impleaded as a party in Writ Proceedings and only if appellant could establish that an order of transfer is issued with mala fide intention or without jurisdiction, Court can interfere - In instant case, it is case of respondent that transfer order was made on administrative exigencies and explained foundation for such transfer in counter - Division Bench of Court and Court in judgments, referred supra, have held that in such circumstances, transfer can be made and it shall not be interfered in Writ Petition - No substance in contention of counsel for appellant - Writ Appeal fails and same is dismissed.
JUDGMENT :
K. Kalyanasundaram, J.
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the Order of this Court, dated 10.06.2021 in W.P.No.13826 of 2020.)
1. This intra-court appeal is directed against the order made by the Writ Court, wherein, the challenge made by the appellant for his transfer from Sivagiri to Kancheepuram was rejected.
2. The appellant was appointed as Officer Scale-I and posted as Assistant Manager at Valathy Branch, Villupuram District, vide order dated 01.03.2010. Subsequently, he was transferred to Aravakuruchi Branch, Karur District as Branch Manager, vide order dated 15.06.2011. From where, he was transferred to Neruppur Branch, Dharmapuri District on 05.06.2013 and thereafter to Vellakoil Branch, Tirupur District. While he was serving at Sivagiri Branch, Erode District, by the impugned order dated 23.07.2020, he was transferred from Sivagiri Branch to Kancheepuram Branch.
3. The order of transfer was questioned by the appellant in the Writ Petition. According to him, the transfer was punitive in nature that too it was during Covid-19 Pandemic and the Regional Branch Manager, Kancheepuram was tested positive to Covid and the entire Branch was closed. It is the case of the appellant that on 13.07.2020 all branches were instructed over phone to make attendance entry digitally in a portal. Since there was no clarity so as to make these attendance entry in the portal mentioned, all the Branches requested the Head Office to give clear instructions in this regard. A circular was issued only on 16.07.2020 and after receipt of the circular, attendance were entered in the portal as per the instructions. For non-implementation of digital attendance, an oral instructions, he was transferred.
4. In the counter, all the allegations of the appellant were denied. It is stated that admittedly, the appellant’s job is transferable and the impugned transfer was issued due to administrative reasons and not by way of punishment as alleged by the petitioner. According to the respondent, while the appellant was working as a Branch Head of the Sivagiri Branch, Erode District, the Bank received numerous complaints against the appellant, which made the Regional Manager, Coimbatore to visit the Branch on three occasions to neutralize the situation. Despite the same, the situation did not improve and on 20.07.2020, the customers of the Branch had gone to the extent of staging Dharna in front of the Branch premises. This was also circulated in the social media and wall posters were displayed across the town of Sivagiri. The Inspector of Police, Sivagiri Branch had summoned the Regional Manager, Coimbatore and held tripartite meeting with customers and Regional Manager to defuse the situation. Hence, the Branch thought it fit to shift the appellant out of the said Branch and post him in a different Region. Since there was a need in the Regional Office, Kancheepuram, he was posted in the Regional Office so that he can discharge his duties in a different atmosphere.
5. In the counter, it is further stated that during probation of two years, every officer need to work in two or three branches. That apart, the appellant was suspended in the year 2012 and after revoking suspension, he was posted to Neruppur Branch. In the year 2017, on promotion as Officer Scale-II, the appellant was posted to Sivagiri Branch. There is no vindictive action as alleged by the appellant and the transfer was made in the interest of bank administration. It is also stated that the issue related to non-adherence of Head Office instruction is dealt with separately for nearly 100 officers and the appellant is one among them. That is nothing to do with the transfer under challenge. It is further stated that in the last three months, nearly 100 transfer orders were released by the respondent and many of them were posted to Branches beyond 300 Kilometers and some of the officers were also posted to Kancheepuram Region from Thanjavur and Kallakurichi
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