Kerala High Court
Chinnu Karun Savithry vs Indian Overseas Bank on 11 June, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO. 20173 OF 2025
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2025:KER:41244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 11TH DAY OF JUNE 2025 / 21ST JYAISHTA, 1947
WP(C) NO. 20173 OF 2025
PETITIONER:
CHINNU KARUN SAVITHRY
AGED 38 YEARS
W/O KANNAN SRIDHARAN, ASSISTANT MANAGER,
INDIAN OVERSEAS BANK, KADAVANTHARA BRANCH,
RESIDING AT 'TWASTI', RRA 93 A, RISHIMANGALAM,
VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035.
BY ADVS.
SRI.P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.PRATAP ABRAHAM VARGHESE
SHRI.MANOJKUMAR G.
SHRI.ASHOK MENON
RESPONDENTS:
1 INDIAN OVERSEAS BANK
CENTRAL OFFICE, PB NO. 3715, 763, ANNA SALAI
CHENNAI, REPRESENTED BY ITS CHAIRMAN & MANAGING
DIRECTOR, PIN - 600002.
2 GENERAL MANAGER (HR)
INDIAN OVERSEAS BANK, CENTRAL OFFICE, PB NO. 3715,
763, ANNA SALAI CHENNAI, PIN - 600002.
3 CHIEF MANAGER (IR)
INDIAN OVERSEAS BANK, CENTRAL OFFICE, PB NO. 3715,
763, ANNA SALAI CHENNAI, PIN - 600002.
WP(C) NO. 20173 OF 2025
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2025:KER:41244
4 THE CHIEF MANAGER
INDIAN OVERSEAS BANK, REGIONAL OFFICE, M.G.ROAD,
ERNAKULAM, PIN - 682016.
5 THE BRANCH MANAGER
INDIAN OVERSEAS BANK, KADAVANTHARA, ERNAKULAM,
PIN - 682025.
SRI. SUNIL SHANKAR, SC.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20173 OF 2025
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T.R. RAVI, J.
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W.P.(C) No.20173 of 2025
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Dated this the 11th day of June, 2025
JUDGMENT
The petitioner is aggrieved by Ext.P16 order whereby an appeal which has been preferred against her transfer has been rejected. The petitioner had earlier approached this Court when the appeal was initially rejected by a one line order stating that the same is rejected. This Court had in Ext.P15 judgment set aside the order and directed the competent among the respondents in the writ petition to take up the appeal and also the supplemental representation given through e-mail on 28.04.2025 and consider the same in accordance with law within a period of three weeks. It is thereafter that the present order has been issued by the General Manager without reference to the Appeal Committee. A question had been raised as to whether the appeal was WP(C) NO. 20173 OF 2025 4 2025:KER:41244 placed before the Appeal Committee as is required under the Transfer Policy, copy of which has been produced as Ext.P17.
2. The respondents have filed a counter affidavit producing along with the Appeal Committee's consideration. It is seen from Ext.R4(a) which is produced that the proceedings narrate the background of the request, the present reference, the Department's submission and the Department's observations and it is seen from the last page of Ext.R4(a) that the above details were presented before the Appeal Committee by 5 officers being a Manager, Senior Manager, Chief Manager, Assistant General Manager and General Manager. Thereafter, it is stated that the Appeal Committee consisting of General Manager and two Deputy General Managers held on 19.05.2025 reviewed the member's appeal dated 24.04.2025 and 28.04.2025 and the outcome is stated in the following manner:
"We have gone through the appeal of the member. The transfer of the member is as per law and there is no deviation. Hence, the appeal is dismissed. GM-HR may WP(C) NO. 20173 OF 2025 5 2025:KER:41244 advise the member suitably".
3. The manner in which the grievance stated in the appeal has been considered is not visible from the order. Though it is not a cryptic one line order, the fact remains that it is not a reasoned order. The Transfer Policy specifically deals with appeals in Clause 17 which reads thus:
"17. Appeal on Transfers: With respect to appeals received on transfer from the employees, a committee consisting of following members would look into the issue and dispose the appeals within 15 working days from the receipt of the appeal. Members: 3 Members Committee consisting of 1 CGM or GM and 2 DGMs. "
4. The Transfer Policy does not specifically state about the grounds on which an appeal can be preferred. The provision is wide enough to take in the grievances of a person who is transferred. While it is settled law that a transfer is an incidence of service and it can be challenged only on limited grounds, in a case of this nature where a person who sought an appeal against transfer purely on medical grounds with necessary details of the treatment that is being undergone and where this Court had directed the appeal to be WP(C) NO. 20173 OF 2025 6 2025:KER:41244 considered, it is expected that the Appellate Committee should give a detailed reasoned order as to the reasons for rejection other than merely saying that the order is in accordance with law.
5. In the above circumstances, the writ petition is allowed. Ext.P16 and Ext.R4(a) are set aside. There will be a direction to the Appellate Committee to consider and pass orders on the petitioner's appeal dated 24.04.2025 and 28.04.2025 and dispose of the same after affording an opportunity of hearing to the petitioner at the earliest at any rate within three weeks from the date of receipt of a copy of this judgment. The interim order granted on 04.06.2025 shall continue to be in force till disposal of the appeal. The personal hearing can also be Online.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 20173 OF 2025 7 2025:KER:41244 APPENDIX OF WP(C) 20173/2025 PETITIONER'S EXHIBITS Exhibit P-1 TRUE COPY OF DISCHARGE SUMMARY ISSUED BY KIMS HOSPITAL, THIRUVANANTHAPURAM DATED 15/2/2021.
Exhibit P-2 TRUE COPY OF DISCHARGE SUMMARY ISSUED BY KIMS HOSPITAL, UPON THE PETITIONER'S DISCHARGE ON 7/9/2021.
Exhibit P-3 TRUE COPY OF DISCHARGE SUMMARY ISSUED BY SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL SCIENCES DATED 25/9/2021. Exhibit P-4 TRUE COPY OF REPRESENTATION DATED 20/10/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P-5 TRUE COPY OF DISCHARGE SUMMARY DATED 6/1/2024 ISSUED BY SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL SCIENCES.
Exhibit P-6 TRUE COPY OF LETTER DATED 14/11/2024 ISSUED BY THE 3RD RESPONDENT CHIEF MANAGER (IR).
Exhibit P-7 TRUE COPY OF E-MAIL DATED 26/4/2025 SENT BY THE PETITIONER.
Exhibit P-8 TRUE COPY OF LETTER DATED 19/3/2025 ISSUED BY THE 5TH RESPONDENT.
Exhibit P-9 TRUE COPY OF E-MAIL DATED 28/3/2025 SENT BY THE PETITIONER.
Exhibit P-10 TRUE COPY OF ORDER DATED 19/4/2025 ISSUED BY THE 2ND RESPONDENT.
Exhibit P-11 TRUE COPY OF E-MAIL DATED 21/4/2025 SENT BY THE PETITIONER.
Exhibit P-12 TRUE COPY OF REQUEST UPLOADED BY THE PETITIONER ON 24/4/2025.
Exhibit P-13 TRUE COPY OF STATUS OF THE APPLICATION SUBMITTED BY THE PETITIONER, SHOWN AS 'REJECTED' ON THE WEBSITE OF THE 1ST RESPONDENT.
Exhibit P-14 TRUE COPY OF REQUEST DATED 28/4/2025 FROM THE PETITIONER TO THE 2ND RESPONDENT. WP(C) NO. 20173 OF 2025 8 2025:KER:41244 Exhibit P-15 TRUE COPY OF JUDGMENT DATED 2/5/2025 IN WP (C) NO. 17330/2025.
Exhibit P-16 TRUE COPY OF ORDER DATED 23/5/2025 ISSUED BY THE 2ND RESPONDENT.
Exhibit P-17 TRUE COPY OF TRANSFER POLICY OF THE 1ST RESPONDENT CIRCULATED AS PER LETTER DATED 12/3/2025 OF THE 2ND RESPONDENT.
Exhibit P-18 TRUE COPY OF GOVERNMENT OF INDIA LETTER DATED 26/11/2024.
Exhibit P-19 TRUE COPY OF CERTIFICATE DATED 27/5/2025
ISSUED BY KIMS HOSPITAL,
THIRUVANANTHAPURAM.
RESPONDENTS' EXHIBITS
Exhibit R4(a) TRUE COPY OF THE OFFICE NOTE
INCORPORATING THE DECISION OF THE APPEAL COMMITTEE DATED 19.05.2025.