AI Overview...
- Transfer of Bank Employees - Main points and insights:
- Transfers are generally governed by specific policies, awards, and service regulations, such as the Shastri Award and the 8th Bipartite Settlement, which outline the discretion and limitations regarding transfers (02600003375).
- Courts have examined whether transfers are made mala fide, arbitrary, or in violation of policies, often quashing transfer orders found to be unlawful or made with malice (02700066495, 00900029495, 00900010515).
- Certain circulars, like Circular No. 23/04/2010-11 and Circular No 420/49/2014-15, provide special incentives for transfers to regions like the North-East, indicating regional considerations in transfer policies (02800002399).
- Transfers during mid-session or without following prescribed guidelines, especially in cooperative banks, are subject to legal scrutiny and can be stayed or quashed if found improper (02600007122).
- The discretion of banks in transfers is recognized, but it must be exercised reasonably, transparently, and in accordance with established policies; transfers in violation of these can be challenged successfully (00800047701, 02100005330).
- Employees, including union office bearers, are protected against transfers that are arbitrary or retaliatory, and such transfers can be invalidated if they violate the principles of fairness and policy guidelines (00800047701).
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No employee has an absolute right to permanent residence at a particular place; transfers are considered a part of service management and are generally permissible if compliant with policies (02100038236).
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Analysis and Conclusion:
- Court rulings emphasize that transfers must be made in good faith, based on valid reasons, and in accordance with the applicable service regulations and awards.
- Arbitrary, mala fide, or policy-violating transfers are subject to legal challenge and can be set aside.
- Regional incentives and special considerations are recognized within the framework of transfer policies.
- Employees and unions have legal recourse to challenge transfers that violate established guidelines, ensuring that transfers are fair and justified.
- Overall, while transfer is a managerial prerogative, it is bounded by legal and policy constraints to prevent misuse and protect employee rights (02600003375, 02800002399, 02700066495).
References:
- 02600003375, 02800002399, 00800047701, 02700066495, 02600007122, 02500010307, 00900029495, 00900010515, 02100005330, 02100038236
Search Results for "Transfer 0f Bank Employee"
2007 0 Supreme(UK) 502 • India - Uttarakhand
J.C.S.RAWAT, RAJEEV GUPTA
Transfer - Bank Employee - Shastri Award, 8th Bipartite Settlement - [Shastri Award, 8th Bipartite Settlement] - The court discussed ... Fact of the Case: The appellant, a bank employee, challenged his transfer from Dehradun to Dang Branch in Pilibhit ... the applicability of the Shastri Award and the 8th Bipartite Settlement in the case of a bank employee's transfer. ... Shri Bhagwan wherein it has been held that no government servant or #HL_START....
2018 0 Supreme(Tri) 255 • India - Tripura
ARINDAM LODH
Transfer - Bank Employee - Circular No. 23/04/2010-11, Circular No 420/49/2014-15 - The court discussed Circular No. 23/04/2010 ... -11 and Circular No 420/49/2014-15, which provide special incentives for bank employees serving in the North-Eastern region. ... Fact of the Case: The petitioner, a Senior Manager at a bank branch in Agartala, challenged his transfer to a new place ... in conformity with various decisions of the Government of India for regulating the #H....
2019 0 Supreme(Pat) 833 • India - Patna
ASHUTOSH KUMAR
Transfer - Bank Employee - Shastri Award, Guidelines for Transfer in Bank - Para 535 of Shastri Award, Shilpi Bose (Mrs) and Others ... provided to office bearers of a Union against transfer and the discretion of the bank in transferring employees. ... Issues: Validity of the transfer order, protection of office bearers of a Union against transfer, discretion of the bank in ... An emplo....
2019 0 Supreme(MP) 139 • India - Madhya Pradesh
VANDANA KASREKAR
Service Regulations --Reg. 6(2) -- transfer of bank employee -- made by incompetent authority with malafide intention -- also against ... such classification, cannot lower status of employee under garb of transfer showing it to be service and administrative exigencies ... transfer policy framed by bank -- interference called for -- transfer order quashed. ... However, this may not prevent the respondents to transfer her services in ....
2013 0 Supreme(UK) 471 • India - Uttarakhand
V.K.BIST
of all the District Cooperative Bank in Uttarakhand not to transfer any bank employee during mid-session — And if transfer was necessary ... Service Matter — Bank employee — Transfer in mid session — Registrar, Cooperative Societies Uttarakhand had directed Secretaries ... years of service and less than one year of service was left and also considering the order of the Registrar Cooperative Societies — Transfer ... Learned counsel f....
1989 0 Supreme(All) 81 • India - Allahabad
U.C.SRIVASTAVA, S.H.A.RAZA
TRANSFER OF BANK EMPLOYEE - SHATRI AWARD - GUIDELINES ON TRANSFER/JOB ROTATION OF AWARD STAFF - TRANSFER IN CONTRAVENTION OF GUIDELINES ... Fact of the Case: The petitioner, a clerk in Allahabad Bank, Lucknow, challenged his transfer to a newly established ... on transfer/job rotation of Award Staff. 2. ... The new grounds upon which the transfer has been passed are in contravention of Para 534 of the Shastri award dealing with t....
1974 0 Supreme(Cal) 13 • India - Calcutta
Ainal Kumar De
TRANSFER OF EMPLOYEE - BANK EMPLOYEE - TRANSFER ORDER - STAY OF OPERATION - BALANCE OF INCONVENIENCE - MALA FIDE - INJUNCTION ... He filed a suit seeking a temporary injunction to restrain the bank from giving effect to the transfer. ... Fact of the Case: Petitioner, a cashier in the State Bank of India, challenged the transfer order issued by the bank ... He got the order of transfer on 22.4.72. He filed the sui....
1995 0 Supreme(Cal) 100 • India - Calcutta
S.B.SINHA
TRANSFER OF BANK EMPLOYEE - MALA FIDE - VIOLATION OF POLICY DECISION - JURISDICTION OF HIGH COURT UNDER ARTICLE 226 OF THE CONSTITUTION ... Fact of the Case: The petitioner, a member of the Scheduled Castes and an employee of the UCO Bank, challenged an order ... Whether the transfer order was mala fide and in violation of the Bank's policy decision. 2. ... Law, learned Counsel for the petitioner very fairly concedes that the policy decision of the respondent Bank ....
2004 0 Supreme(Mad) 1240 • India - Madras
M.CHOCKALINGAM
Transfer Policy - Employee Transfer - Union Bank of India (Officers) Service Regulations 1979 - II. ... Fact of the Case: The petitioner, an employee of the respondent bank, challenged an order transferring him to a different ... of the transfer policy. ... Needless to say that such a transfer as made one in question is not only unreasonable, but also would cause harm to the employee. ... 13. ... in Chennai region as per the #HL_....
2009 0 Supreme(Mad) 4495 • India - Madras
K.CHANDRU
Transfer - Employee Transfer - State Bank of India - State Bank of India Officers Service Rules, 1992 - 2004 (7) SCC 405 - 2004 ... Issues: Challenge to Employee Transfer, Application of State Bank of India Officers Service Rules, 1992, Allegations of Health ... Gobardhan Lal to justify the routine transfer. ... No Government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place or place of his choice since #....
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