VED PARKASH MANN Vs. STATE OF HARYANA

JUDGEMENT

(1.) An order dated 7.11.1996 (Annexure P.21) passed by respondent No. 2, whereby transfer orders of 5 Managers and 7 Assistant Managers/Development Officers, issued vide order dated 19.9.1996, have been withdrawn, as a result of which the petitioner stands re-transferred as Manager, Central Co-operative Bank Limited, from Karnal to the Central Co- operative Bank Limited, Kurukshetra, in the same capacity. This order (Annexure P21) is the subject matter of challenge in this writ petition.

(2.) According to the averments in the petition, the petitioner was transferred from Karnal to Kurukshetra on 19.9.1996, which was challenged by him in CWP No. 15114 of 1996, which was dismissed. On 7.11.1996 the transfer orders dated 19.9.1996 were cancelled and the petitioner was posted at Karnal but again on 9.1.1997, the petitioner was shifted to Kurukshetra vide impugned order dated 9.1.1997 (Annexure P.21). It is the case of the petitioner that the petitioner is being harassed and humiliated by the respondents without any reason and he has been transferred six times within a period of 5-1/2 months from 10.7.1996 to 9.1.1997. It has been alleged that the action of the respondents in passing the impugned order is without any administrative exigency or any valid reason and is wholly arbitrary, discriminatory and against the principles of natural justice. It has been pointed out that the children of the petitioner are studying in colleges at Karnal and that he along with his wife is having heart and asthma problems and they are under the expert doctor's treatment at Karnal.

(3.) In its return filed on behalf of respondent No. 2, it is stated that the orders dated 7.11.1996 had to be cancelled and withdrawn on account of two writ petitions (CWP Nos. 18928 of 1996 and 17657 of 1996) filed by Dharam Singh, Manager, Karnal Central Co-operative Bank Ltd., Karnal and Maha Singh, Manager, Sonepat Central Co-operative Bank Ltd., Sonepat. It has been further pointed out that the petitioner, being a Manager, cannot be posted in his home-town district i.e. Karnal. The allegations of malice or harassment have been denied.