KARTIKA CHANDRA RAY Vs. NEELACHAL GRAMYA BANK

JUDGEMENT

(1.) Petitioner in this case assails his successive transfer order which was passed by the opposite parties within a span of few days. The Petitioner is working as a Messenger in Neelachal Gramya Bank (opposite party No. 1) and was posted as Kharavela Nagar Branch. He is a Senior Messenger in the said Branch and therefore getting Daftry allowance of Rs. 1,000/-per month.

(2.) It is pleaded by the Petitioner that because of the litigation between the Union and the Bank, opposite party No. 2 has become vindictive and KARTIKA CHANDRA RAY v. NEELACHAL GRAMYA BANK [S.K.MISHRA J.] started to disturb the poor Messengers and in consequence thereof the Petitioner was transferred from Kharavela Nagar Branch to Pahala Branch vide order dated 6.7.2010. However, opposite party No. 2 with the malafide intention to accommodate his flatterers modified the said order vide order dated 23.7.2010 and transferred the Petitioner to Bhubaneswar Branch, Unit-IV where a Messenger has already been posted and thereby the Petitioner will be denied the Daftry allowance of Rs. 1,000/-per month.

(3.) Terming the order passed by opposite party No. 2 as malafide and arbitrary, the Petitioner further claims that there is no transfer policy in spite of RRB guidelines to formulate proper placement. The opposite parties are therefore using transfer of employees as per their sweet will. The Petitioner further claims that the transfer order passed by opposite party No. 2 is also without jurisdiction. The Controlling Authority is the Chief General Manager, Regional Office, Pipili. Hence, the order passed by the General Manager, Neelachal Gramya Bank, Head Office at Kokila Residency is without jurisdiction. The Petitioner also pleads that as per the Thorat Committee Resolution, the Controlling Officer-in-charge will be the authority for transfer. It is further pleaded that besides the above, the Petitioner is a Class-IV employee to whom normally transfer rules should not apply. However, the Petitioner is ready to join at Pahal Branch which will not mean any pecuniary loss to him. On such pleadings, the Petitioner prayed that the order of transfer under Annexure-2 be quashed and the opposite parties be directed to post him at Pahal Branch as per the order under Annexure-1.