Back
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ASHISH SHROTI
Arastu Prabhakar – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Ashish Shroti, J.
The petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the order, dated 29.12.2023, (Annexure P/1) whereby his request for sending him back to his parent Bank has been declined by respondent no.3. He has prayed for a direction to the respondents to restore his service conditions by relieving him for his parent cooperative Bank i.e. DCCB, Morena.
2. The facts necessary for decision of this case are that the petitioner was initially appointed as Cadre Officer in Grade-II, in M.P. State Cooperative Bank (hereinafter referred to as “Apex Bank”). It appears that he was sent on deputation on the post of General Manager to District Central Cooperative Bank Maryadit ((hereinafter referred to as “DCCB”) Morena. The process for his absorption in DCCB, Morna was initiated in furtherance of which respondent no.2 gave its ‘no objection’ for petitioner’s absorption on the post of Chief Executive Officer, DCCB, Morena, vide memo, dated 7.9.2010 (Annexure P/4). The petitioner was accordingly absorbed on the post of Chief Executive Officer/Managing Director, DCCB, Morna, vide order, dated 13.09.2010, (Annexure P/5). The Apex Ban
No prior consent required for employee deputation within same Union Territory under Article 52-C, J&K CSR, 1956.
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.
Court ruled that repatriation orders of employees on deputation were arbitrary due to lack of formal cadre bifurcation, enforcing employee rights against selective discrimination.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
