NIRANJAN DASH Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) The petitioner, who is working as a Deputy Manager (Accounts) MMGS (II) Officer Cadre under the State Bank of India has filed this application challenging his order of his transfer from Puri to Berhampur by making zonal transfer from Bhubaneswar Zone-I & II to Berhampur Zone on the administrative ground as per list 5-C of Inter Module Annual Transfer Exercise-2014, Annexure-5 and consequential relieve order dated 19.05.2014, Annexure-6 by the authority. The petitioner assails the said order Annexure-5 and consequential relieve order of transfer, Annexure-6 on the ground that the same are in violation of the transfer policy of the bank under Annexures-2 and 9 respectively.

(2.) The short facts of the case are that initially the petitioner was appointed as a Clerk-cum-Cashier and was posted at Bhubaneswar Main Branch. Subsequently, he was promoted to the post of OJM (I) and was posted at Angul Branch under Sambalpur Module. Thereafter the post of the petitioner was upgraded to MMGS (II) on 2.8.2008 and he was posted at Forest Park Branch, Bhubaneswar. In October, 2006 he was transferred to S.B.I. Mahisapata, Agricultural Development Branch in the district of Dhenkanal and in the same month of October, 2006 he was transferred to Dhenkanal Main Branch where he continued till May, 2007. Again he was transferred to SBI Forest Park Branch, Bhubaneswar on May, 2007 as Deputy Manager where he continued till 30.06.2009. Thereafter he was posted as Branch Manager at Dumuduma in June, 2009 where he continued till 9.7.2012. On 10.7.2012, he was shifted to Regional Branch Office (I), Bhubaneswar till 14.11.2012 and on 15.11.2012 he was shifted to RBO (II), Bhubaneswar till 10.08.2013. On 11.8.2013 he was transferred to Puri Main Branch as Deputy Manager Accounts where he served till 19.05.2014. By virtue of the impugned order of transfer under Annexure-5, he has been posted at Berhampur by way of zonal transfer from Bhubaneswar Zone-I & II to Berhampur Zone. It is stated that the said order of transfer is violative of transfer policy framed by the Bank under Annexures- 2 and 9 respectively.

(3.) Mr. Amitav Bagchi, learned counsel for the petitioner, strenuously urged that the bank has formulated transfer policy for Officers of JMSS-I and MMGS-II on 10.10.2005 as per Annexure-9. Clause 7.4 thereof states the age of Officers. Under clause-7.4.1, an officer who has attained the age of 57 years and /or due to retire within three years on superannuation, may request for a transfer to one of the three choice centres provided he is not posted at the centre of his choice within three preceding years. Requests without specifying three different centres of choice will not be entertained.