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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SHREE PRAKASH SINGH
Shubham Bhargava – Appellant
Versus
Union Of India Thru. Ministry Of Finance Deptt. Financing Services New Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to transfer order and grievance procedures. (Para 2 , 4 , 6) |
| 2. petitioner's arguments against transfer policy violations. (Para 5 , 11) |
| 3. respondent's defense based on transfer policy compliance. (Para 8 , 12) |
| 4. court's analysis of transfer policy application. (Para 14 , 15 , 16) |
| 5. quashing of transfer order based on procedural issues. (Para 18 , 19 , 21) |
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. Heard Mr. Vivek Kumar Shukla and Ms. Shweta Shukla, learned counsel for the petitioner, Mr. Asit Chaturvedi, learned Senior Advocate assisted by Mr. Gopal Kumar Srivastava and Mr. Akash Deep Srivastava, learned counsel for the respondent nos. 2 to 5 and Mr. Varun Pandey, learned counsel for the Union of India.
2. By means of the present writ petition, the petitioner has assailed the transfer order dated 18.7.2025 issued by the Corporate Office, HRM, Indian Bank which is communicated by Assistant General Manager, HRM, Indian Bank. Further prayer is made for quashing of the order dated 4.10.2025 passed by the Grievance Redressal Authority and the order dated 10.11.2025 passed by the appellate authority alongwith the order dated 5.8.2025, by which the petitioner is reliev
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.
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.
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.
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
Judicial review of transfer orders is limited; transfers made without mala fides and within policy guidelines are valid even if completed shortly before the normal retention period.
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....
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