GOVIND BALLABH JOSHI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard Sri Bhoopendra Nath Singh learned counsel for appellant and Sri R.C. Dwivedi for respondents No. 3 and Sri Vipin Sinha learned Standing counsel for State Bank of India,

(2.) This Special appeal is directed against an order passed by learned single Judge dismissing the writ petition. The contention of the writ petitioner-appellant is that he was transferred contrary to 'Shastri Award'. He was posted at Nainital and was transferred to Tanda district Rampur and as such he was transferred out of State without his consent. The Shastri award provides that an employee cannot be transferred out of State without his consent.

(3.) The writ petition was dismissed on the very first day, which in our view was not proper. The matter should have been heard on the basis of the affidavit and even should have been decided since several controversies and questions have been raised in the writ petition. Accordingly, we direct that the petition should be heard and disposed of and as learned counsel for Bank-respondents prays for two weeks to file counter affidavit, which is granted. Rejoinder affidavit, if any may be filed within a week thereafter. The writ petition shall be listed after four weeks before the learned single Judge taking up such writ petitions.