LAWS(GJH)-2007-7-27

MALVAT HUSSAIN MOHAMADBHAI Vs. CHIEF MANAGER

Decided On July 30, 2007
MALVAT HUSSAIN MOHAMADBHAI Appellant
V/S
CHIEF MANAGER Respondents

JUDGEMENT

(1.) Heard Learned Advocate Mr. DR Bhatt for petitioner.

(2.) Through this petition, petitioner is challenging the order of transfer transferring the petitioner from Ahmedabad Branch to Nadiad by order dated 30.3.2007. Earlier, petitioner had approached this Court by way of SCA No. 11361 of 2007 against the aforesaid order of transfer wherein the petitioner was directed to approach the respondent bank by way of representation and respondent bank was directed to decide it as per the order dated 27.4.2007. Petitioner made such representation on 14.5.07. Respondent bank by order dated 20.6.2007 examined representation of petitioner and rejected the same by said detailed order dated 20.6.2007. Therefore, this petition has been filed by the petitioner before this Court.

(3.) Learned Advocate Mr. DR Bhatt for petitioner has read over entire representation dated 14.5.07 and reply thereto dated 20.6.2007 and settlement and pointed out that petitioner was suspended because of the misconduct committed by him. Ultimately, he was punished by way of stoppage of one annual increment with cumulative effect for both the charges by order dated 23.3.2007. Learned Advocate Mr. Bhatt submits that transfer order is bad, contrary to settlement and reply given by the respondent bank is mechanical in nature, given without application of mind and, therefore, same is liable to be set aside.