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 Bank also gave its consent for petitioner’s absorption in DCCB, Morena and his name was removed from the rolls of Apex Bank vide order, dated 25.03.2011, (Annexure P/5-A). The petitioner thus became the employee of DCCB, Morena.

3. The Apex Bank passed an order on 30.11.2019, (Annexure P/6) thereby taking the petitioner’s services on deputation on the post of Additional Chief Executive Officer. This order was passed after the approval from respondent no.2. It appears, the petitioner was then posted as Chief Executive Officer at District Cooperative Bank, Bhopal vide order, dated 02.01.2020. The petitioner made a representation for his repatriation to DCCB, Morena vide application, dated 27.03.2020, (Annexure P/7) on the ground of his health condition. The application received favourable consideration and the petitioner was repatriated to DCCB, Morena vide order, dated 04.04.2020, (Annexure P/8). However, immediately within 13 days, he was again taken on deputation by Apex Bank and was posted as Chief Executive Officer, DCB, Bhopal, vide order, dated 17.04.2020, (Annexure P/9).

4. It appears that on the proposal given by DCCB, Gwalior, the petitioner was sent on deputation on the post of Chief Executive Officer to DCCB, Gwalior vide order, dated 15.01.2022, (Annexure P/10). This order was also passed by Apex Bank. The petitioner represented against his services being given on deputation to DCCB, Gwalior vide application, dated 08.04.2022, to Principal Secretary, Cooperative Department and on 12.04.2022 to Apex Bank. His requests remained unattended again.

5. In relation to low progress of DCCB, Gwalior, the petitioner was placed under suspension vide order, dated 01.06.2022, (Annexure P/11) and his Head Quarter was fixed at Apex Bank, Head Office at Bhopal. Surprisingly, the petitioner had worked only for a period of four and half months at DCCB, Gwalior. This suspension order was passed by DCCB, Morena which is the petitioner’s employer. The petitioner’s suspension was later on revoked vide order, dated 29.06.2022, (Annexure P/12) passed by DCCB, Morena and he continued to work at Head Office of Apex Bank.

6. The petitioner again represented against his transfer on deputation to Bhopal, Gwalior etc. vide application, dated 12.07.2022, (Annexure P/13). He raised the objection with regard to jurisdiction of Apex Bank to transfer petitioner from one place to another and his repeated deputation without his consent. He again requested for his posting as CEO at DCCB, Morena. However, his request was not favourably considered. Instead, once again the petitioner was posted as Chief Executive Officer, DCCB, Shivpuri, by the order of Apex Bank, dated 29.09.2022, (Annexure R/8). He was then given additional charge of the post of Chief Executive Officer, DCCB, Guna, vi