A S PATTABHIRAMAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner, who is the Deputy General Manager of State Bank of India, Local Head Office, Church Street, Bangalore-1 has filed this writ petition challenging his transfer by the bank by its order dated 20-9-1993 from Bangalore to Hyderabad as Deputy General Manager (Special) attached to Inspection and Management Audit Department, Hyderabad.

(2.) A few facts which are necessary to dispose of this writ petition are as follows: In the month of November, 1992 the petitioner was transferred to Bangalore and he reported for duty in Bangalore on 31-12-1992. His wife, Smt. Sathyavathi is also working in the same bank as the Chief Manager of Bangalore. Earlier both the petitioner and his wife were working in Bombay. From there the petitioner was transferred to Ahmedabad and his wife Smt. Sathyavathi to Bangalore. Believing that there will be no further transfer of the petitioner till the normal period of 2 to 3 years of service, he reported for duty in Bangalore. One Sri Shankaranarayan, General Manager (Operations), Local Head Office, Bangalore was inimically disposed towards the petitioner. Sri Shankaranarayan opposed posting of the petitioner to Bangalore. However, the Chairman of the Bank posted the petitioner to Bangalore to work in the public interest. While transferring the petitioner from Ahmedabad to Bangalore, the Chairman had also taken into consideration the fact of petitioner and his wife were separated earlier by transferring them to different places and feeling that it is not just to separate them in future. As Shankaranarayan was dissatisfied with the posting of the petitioner to Bangalore, he issued a letter at Annexure-B calling upon the petitioner to give his comments as to why he was using the Maruthi van, the same was replied at Annexure-C informing that engaging the said vehicle was in the official capacity as Deputy General Manager and that to discharge the duties as per the existing instructions and practice of the bank. Not satisfied with the reply at Annexure-C, Shankaranarayan issued another letter at Annexure-D, which was again replied by the petitioner at Annexure-E. This was followed by another letter dated 30-8-1993 issued by Sri Shankaranarayan at Annexure-F and reply of the petitioner at Annexure -G. Subsequently Sri Shankaranarayan persuaded the Chairman to transfer the petitioner. Annexure-A is the result of pursuasion of Shankaranarayan.

(3.) According to the petitioner, petitioner's transfer from, Bangalore to Hyderabad within a year, retaining other three persons viz., Govindarajan, Sadashivam and Vaidyanathan, who are also working as Deputy General Managers beyond two years is quite arbitrary, capricious and discriminatory. The bank being an instrumentality of the State is expected to work within the framework of the State Bank of India Act, 1955 "hereinafter referred to as the Act". Regarding the transfer, it is bound to observe the guidelines and the rules of the Bank in the matter of transfer. Transfer has been made for extraneous consideration and not in the bank's interest. That the competent authority has not made this transfer by using its independent discretion, but made due to the extraneous influence brought by Sri Shankaranarayan. The Chairman made this transfer without taking into consideration the harm and hardship that may be caused to the petitioner if he is transferred within nine months. The transfer is not in the public interest and not a general transfer or a scheduled one, but a premature and unscheduled one. Further, transferring the petitioner from Bangalore to Hyderabad, that too when there is no vacancy at Hyderabad is not only mala fide but also penal in nature and attaches stigma. The transfer is nothing but a resultant of the voice of Sri Shankaranarayan, the General Manager (Operations). When the letters at Annexures B, D and F were properly replied by the petitioner satisfactorily, the transfer order should not have been made. The transfer is also illegal as no officer of the petitioner's scale would be posted to Central Office at Hyderabad. The transfer order is tainted by extraneous influence of Sri Shankaranarayan and it will also cause great hardship to him, his wife and disturbs the education of the children as the present transfer is in the middle of the year. Thus contending, he sought for the following reliefs: