KU. NEETA GHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution challenges the order of transfer of petitioner Annexure-P/5 dated 15/10/2012, whereby she is transferred from regional office of the bank to its local branch situated at Shivpuri.

(2.) THE singular ground, on which the said order is challenged is the competence of the authority to decide her transfer and pass consequential order. By placing reliance on the policy of the bank dated 16/11/2007 it is stated that the decision to transfer the scale-II officer can be taken by a committee consisting of General Manager of the region, Additional Manager (Administration) and Manager (Advance). The recommendation of the said committee shall be sent to the General Manager (Admn.).

(3.) SHRI Raju Sharma learned counsel for the bank submits that aforesaid policy dated 16/11/2007 stood amended by another policy dated 07/04/2011 and as per this policy, for scale-II officers, the committee of regional office shall send its recommendations to General Manager (Admn.). By placing reliance on a note-sheet, which contains signatures of Dy. Manager (Personnel), Manager (Admn.) and Manager (Advance) dated 16/10/2012 learned counsel for the bank submits that it is inconsonance with the amended policy and since petitioner is transferred within the town, there is no infirmity or illegality in the order. Petitioner has already preferred an appeal against the said transfer order Annexure-P/10 dated 12/11/2012 and Annexure-P/11 dated 24/12/2012.