MAHABIR DAS Vs. UCO BANK

JUDGEMENT

(1.) This appeal is against the order dated 31st August 1992 passed by the learned Trial Judge in C.O. No. 16228 (W) of 1991. A writ application was filed challenging the order of transfer transferring the appellant-petitioner to the North Eastern Zone by the order dt. 19th August, 1991, while he was posted at Debipur, Burdwan in the State of West Bengal.

(2.) The appellant is a member of Scheduled Caste and joined the service under UCO Bank as a clerk and subsequently on promotions selected in the post of officer Grade D now known as officer scale no. 1 ; The appellant claims to be the President of the Bengal Provincial Depressed classes League (UCO Bank Unit) (hereinafter referred to as the "League") and alleged that the said transfer from Calcutta to North Eastern Zone will seriously affect the interest of the scheduled castes employees of the said Bank. It was further alleged that the petitioner made a representation as the president of the said League to the Parliamentary committee on the Welfare of the scheduled castes and scheduled tribes whereupon an enquiry was held into the activities of the said Bank relating to irregularities in filing up the vacancies which were kept reserved for scheduled castes and scheduled tribes in the service of the Bank. According to the appellant this had caused annoyance to the authorities concerned who had passed order of transfer. The validity and/or illegality of the said order of transfer was challenged in the writ application, inter alia, on the grounds (a) that there was discrimination in the matter of transfer inasmuch as several other officers who are allowed to stay 10 years or more in Calcutta had not been transferred, where as the appellant was singled out for discriminatory treatment, (b) the order of transfer was made in violation of the transfer policy of the Bank wherein it is provided that, "The placement and movement of persons will have to be made after due consideration of all aspects and if any, exceptions are required to be made for any justifiable reasons, the same has to be done for which reasons to be recorded. We are keen that the Transfer policy should lead to growth of the individual and Bank." And as far as possible, officers in Scale II and Scale III will be posted in their Home States (i.e. state of domical). If however, there is excess of officers in a state they would, as far as possible, be transferred to the neighbouring states." (c) There are two other leaders of scheduled castes Union, namely Sri B. C. Poddar and Mr. G. K. Mondal, who were not transferred in view of the production guaranteed to the union officials in terms of the guidelines for transfer of the officers dt. 01.08.1984 and that even though the appellant was similarly situated to that of Mr. B. C. Poddar and Mr. G. K. Mondal such transfer not only amounts to discrimination but also amounts to depriving the appellant from performing his trade union activities for the welfare of SC/ST employees of the said Bank and (d) lastly the appellant was transferred in place of I. N. Mallick, an officer of the Bank who was to come back from that North Eastern Zone and that for accommodating the said Sri I. N. Mallick, the appellant was transferred allegedly with the interest of the Bank which was contrary to facts and the same was mala fide. The learned Trial Judge on consideration of the matter found that the appellant could not make out a case of any discrimination or that the order was mala fide or suffers from any illegality necessitating any interference by this court and accordingly, dismissed the writ application.

(3.) Mr. Kashi Kanta Moitra, learned Advocate appearing on behalf of the appellant submitted that the order of transfer in the facts and circumstances of the case amounts to interfering with the trade union activities of the appellant who claimed to be the President of the said League and that if the appellant is posted at North Eastern Zone in that event, the appellant would not protect the interest of the members of the said union. Secondly, it was submitted that the said order of transfer was based, as matter of fact, on retaliation of lodging a complaint before the Parliamentary committee against the Bank for which the said committee caused an enquiry. Thirdly, it was submitted that the order of transfer could not be made in violation of the transfer policy and/or guidelines made in this behalf which are binding upon the Bank. Lastly, it was submitted that several outer officers similarly situated had not been transferred out of Calcutta even though they are posted in Calcutta for more than 10 years and where as the appellant has been singled out from Calcutta Zone to North Eastern Zone which, according to the appellant, was arbitrary and discriminatory.