DENA BANK AND ANOTHER Vs. K H ZHIMO

JUDGEMENT

(1.) In view of a short point involved, we have heard learned counsel for the parties finally at this stage itself.

(2.) This intra court appeal is directed against the order dated 06.10.2016 as passed in WP (C) No.271 of 2016, whereby the learned Single Judge has allowed the writ petition filed by the present respondent on his grievance against the order of his transfer. In this appeal, the appellants have also moved two miscellaneous applications, one being MC (WA) No.91 of 2016 seeking stay over operation of the impugned order dated 06.10.2016; and another being MC (WA) No.92 of 2016 seeking leave to file an affidavit-in-opposition to the writ petition.

(3.) The relevant background aspects of the matter are that the respondent (writ petitioner), who had been working as Senior Branch Manager at the Police Bazar, Shillong Branch of the appellant-Bank since 21.10.2013, but was transferred to Dehradun Zone by the transfer order dated 23.08.2016, preferred the writ petition aforesaid, essentially with the submissions that his wife was expecting a child in the month of September, 2016 and he had another child of less than two years of age; and in the given circumstances, he may be given indulgence to remain posted at the present station.