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HIGH COURT OF ORISSA
B.R. SARANGI, J.
Niranjan Dash – Petitioner
Versus
State of Orissa and Others – Opposite Parties
WP (C) No. 10216 of 2014
Decided On : 26.7.2014
In any service when the relationship is that of master and servant, transfer, retirement, promotion etc. are incidents of service. Usually the master has full power to transfer his servant whenever he wants because transfer is ordered looking to the character and quality of work, the servant des. Thus, if the master is of the opinion that a particular servant is required at a particular place for a particular duty, the master has a right to transfer such a servant from one place to another. This power of the master is not absolute and should not be exercised capriciously. At the same time, the master should avoid to transfer his servant simply to accommodate the other favoured servant. Furthermore an order of transfer of a servant should be passed in public interest or in the interest of the institution itself where the servant serves. Exigencies of administrative purpose also sometimes persuade the master to transfer the servant from one place to another.
Therefore, whenever a public servant is transferred, he must comply with the order but if there be any genuine difficulty in the proceeding of transfer, it is open to him to make representation to the competent authority for modification or cancellation of the transfer order.
2. TRANSFER - A judicial review of an administrative action is of course permissible, but orders of transfer when to be interfered stated.
A judicial review of an administrative action is of course permissible, but orders of transfer are interfered when:-
(a) The transfer is mala fide or arbitrary or perverse.
(b) When it adversely alters the service conditions in terms of rank, pay and emoluments.
(c) When guidelines laid down by the department are infringed and lastly.
(d) When it is frequently done.
(e) If there is a statutory infraction.
JUDGMENT
B.R. SARANGI, J.
1. The petitioner, who is working as a Deputy Manager (Accounts) MMGS (II) Officer Cadre under the State Bank of India has filed this application challenging his order of his transfer from Puri to Berhampur by making zonal transfer from Bhubaneswar Zone-I and II to Berhampur Zone on the administrative ground as per list 5-C of Inter Module Annual Transfer Exercise 2014, Annexure-5 and consequential relieve order dated 19.5.2014, Annexure-6 by the authority. The petitioner assails the said order Annexure-5 and consequential relieve order of transfer, Annexure-6 on the ground that the same are in violation of the transfer policy of the bank under Annexures-2 and 9 respectively.
2. The short facts of the case are that initially the petitioner was appointed as a Clerk-cum-Cashier and was posted at Bhubaneswar Main Branch. Subsequently, he was promoted to the post of OJM (1) and was posted at Angul Branch under Sambalpur Module. Thereafter the post of the petitioner was upgraded to MMGS (II) on 2.8.2008 and he was posted at Forest Park Branch, Bhubaneswar. In October, 2006 he was transferred to SBI Mahisapata, Agricultural Development Branch in the district of Dhenkanal and in the same month of October, 2006 he was transferred to Dhenkanal Main Branch where he continued till May, 2007. Again he was transferred to SBI Forest Park Branch, Bhubaneswar on May, 2007 as Deputy Manager where he continued till 30.6.2009. Thereafter he was posted as Branch Manager at Dumduma in June, 2009 where he continued till 9.7.2012. On 10.7.2012, he was shifted to Regional Branch Office (I), Bhubaneswar till 14.11.2012 and on 15.11.2012 he was shifted to RBO (II), Bhubaneswar till 10.8.2013. On 11.8.2013 he was transferred to Puri Main Branch as Deputy Manager Accounts where he served till 19.5.2014. By virtue of the impugned order of transfer under Annexure-5, he has been posted at Berhampur by way of zonal transfer from Bhubaneswar Zone-I and II to Berhampur Zone. It is stated that the said order of transfer is violative of transfer policy framed by the Bank under Annexures-2 and 9 respectively.
3. Mr. Amitav Bagchi, learned counsel for the petitioner, strenuously urged that the bank has formulated transfer policy for Officers of JMSS-I and MMGS-II on 10.10.2005 as per Annexure-9. Clause 7.4 thereof states the age of Officers. Under Clause 7.4.1 an officer who has attained the age of 57 years and/or due to retire within three years on superannuation, may request for a transfer to one of the three centres provided he is not posted at the centre of his choice within three preceding years. Requests without specifying three different centres of choice will not be entertained. As per Clause 7.4.2 such an officer may also request for retention at the existing centre of his posting provided that he has not completed 2 years of continuous stay at the centre. Under Clause 6.3 an officer would be considered for posting in another module normally after a stay of 8 years in a module. On such transfers the officers have to serve in another module for a minimum period of 3 years. Referring to Annexure-2 he further urged that Clause 7.0 provides special cases of transfer and clause 7.1 provides transfer on compassionate grounds. Under clause 7.1.3, the need for such transfer will be considered in the case of urgency i.e. (i) Own sickness, (ii) Sickness of spouse, children and (iii) Sickness of dependent parents. Clause 7.4 of the policy states transfer of physically handicapped officers. Under clause 7.4.2 physically handicapped officers on their promotion would normally be posted, if vacancy exists, in the same city/town. In case of non-availability of vacancy, it would be ensured that such officials are transferred to places nearest to their original place of posting and they should not be transferred to far off or remote places. Clause 7.5 provides request of transfer. Under clause 7.5.4 while effecting transfers, the transferring authori
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