G MURUGESAN Vs. UCO BANK

JUDGEMENT

(1.) W.P.No.28027 of 2006 is filed challenging the charge memo dated 04.04.2006 issued by the 2nd respondent against the petitioner, while W.P.No.28028 of 2006 is filed challenging the order of the 3rd respondent dated 19.02.2003 and also subsequent order of the first respondent dated 26.07.2003, by which the petitioner, who was working as Assistant Manager, UCO Bank, Mount Road Branch, Chennai, was transferred to the regional office, Bhopal.

(2.) THE case of the petitioner is that the petitioner has joined the respondent bank as Clerk in 1981 and he was transferred to Chennai in 1982 and promoted as Junior Manager Grade Scale-I on 01.08.1997 and he belongs to Schedule Caste community. On 06.04.1998, he was transferred to Bhopal, contrary to office memorandum issued by the Government of India dated 24.06.1985 and the petitioner has challenged the same by filing Writ Petition in W.P.No.15458 of 1998 and there has been an order of stay of transfer by this Court on 29.09.1998. THEreafter, the petitioner was transferred to the Mount Road Branch, Chennai on 26.12.2002 as Assistant Manager and relieving order has been passed on 04.01.2003. Since the respondents have transferred and posted the petitioner at Mount Road Branch, Chennai on 26.12.2002 without any condition, the said W.P.No.15458 of 1998 filed by the petitioner challenging the transfer order dated 06.04.1998 was withdrawn as infructuous.

(3.) THE respondents have filed the counter affidavit. According to the respondents, the Writ petition is hit by laches, since the impugned order of transfer dated 26.07.2003, is sought to be challenged in 2006. That apart, according to the respondents, the post held by the petitioner is transferable and because he belongs to Scheduled Caste community, he cannot avoid the order of transfer. It is also denied that the order of transfer is discriminatory. It is also the case of the respondents that since the petitioner has failed to obey the order of transfer, the charge memo came to be issued against the petitioner.