Ramaprasad K.P vs The State Bank Of India
2021 Latest Caselaw 6700 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                       WP(C).No.4567 OF 2021(U)


PETITIONER:

               RAMAPRASAD K.P.
               AGED 53 YEARS
               S/O.PRABHAKARAN, MANAGER(NPA), STATE BANK OF INDIA,
               REGIONAL BUSINESS OFFICE-1, GAS HOUSE JUNCTION,
               SANGAMAM BUILDING, THIRUVANANTHAPURAM-695 001, UNDER
               ORDERS OF TRANSFER AS DIRECTOR, RSETI, WAYANAD.

               BY ADV. SRI.BINOY VASUDEVAN

RESPONDENTS:

      1        THE STATE BANK OF INDIA
               REPRESENTED BY ITS CIRCLE DEVELOPMENT OFFICER AND
               DEPUTY GENERAL MANAGER, LOCAL HEAD OFFICE,
               POOJAPPURAM, THIRUVANANTHAPURAM-695 012.

      2        THE DEPUTY GENERAL MANAGER AND CIRCLE DEVELOPMENT
               OFFICER,
               THE STATE BANK OF INDIA, LOCAL HEAD OFFICE,
               POOJAPPURAM, THIRUVANANTHAPURAM-695 012.

      3        SRI.MRIGENDRA LAL DAS,
               THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA, LOCAL
               HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM-695 012.

      4        THE REGIONAL MANAGER,
               STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE-1, GAS
               HOUSE JUNCTION, SANGAMAM BUILDING,
               THIRUVANANTHAPURAM-695 001.

      5        MANAGER(HR), STATE BANK OF INDIA,
               REGIONAL BUSINESS OFFICE-1, GAS HOUSE JUNCTION,
               SANGAMAM BUILDING, THIRUVANANTHAPURAM-695 001.



               SC JITHESH MENON SC AND SR COUNSEL GEORGE THOMAS
               MEVADA FOR SBI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4567 OF 2021(U)

                                         2




                                  JUDGMENT

Dated this the 25th day of February 2021

This writ petition is filed seeking the following reliefs:

"i. Issue a writ of Certiorari or other appropriate Writs, Orders or Directions to call for the records leading upto Exhibits P-10 to the extend it pertains to the petitioner and P- 11 and to quash the same.

ii. Issue a Writ of Mandamus or other appropriate writs, orders or directions commanding the respondents to permit the petitioner to continue in the present post on the strength of Exhibit P-1 in the interest of Justice.

iii. Issue a writ of declare that Exhibits P-10 and P- 11 are illegal and vitiated by an arbitrary exercise of power and smacked by malafides."

2. Heard the learned counsel for the petitioner and the learned

senior counsel appearing for the respondents.

3. The submission of the learned counsel for the petitioner that

the order of transfer is vitiated by mala fides and that it is not in

public interest or in administrative exigencies that the petitioner is

being transferred out from Thiruvananthapuram. It is contended that

it is with regard to a dispute in the Association in which the

petitioner claims to be the General Secretary that the transfer is

being inflicted.

WP(C).No.4567 OF 2021(U)

4. The learned senior counsel submits that the transfer is a

routine transfer and that the earlier writ petitions filed with regard

to the right to represent the Organization and Ext.P12 suit filed

before the Munsiff Court, Thiruvananthapuram have no connection

with the petitioner's transfer, which is necessitated only by

administrative exigencies. It is submitted that if the petitioner has

any complaint with regard to the present transfer, the same can be

addressed by way of a representation to the 4th respondent, who shall

forward it appropriately to the Circle Level Committee which will

consider the grievance of the petitioner against the transfer.

5. The learned counsel for the petitioner submits that the

petitioner has serious personal difficulties and that he had sought

leave for 15 days, which has now been rejected.

6. Having considered the contentions advanced and in view of

the specific contention that the transfer is being made only in

administrative exigencies, I am of the opinion that the grievance of

the petitioner as against the transfer is liable to be considered in

accordance with law by the appropriate authority in the Bank. WP(C).No.4567 OF 2021(U)

In the above view of the matter, in case the petitioner submits a

representation before the 4th respondent within three days from

today, the 4th respondent shall consider the same and forward it to

the Circle Level Committee for consideration of such grievance and an

appropriate decision shall be taken without delay, at any rate, within

a period of two weeks thereafter. In the meanwhile, on the petitioner

making an application for grant of leave, the same shall be considered

by the competent among the respondents and leave, if any, to the

petitioner's credit shall be granted to him.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.4567 OF 2021(U)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CIRCULAR ISSUED BY THE STATE BANK OF INDIA.

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 09.07.2019 SENT BY THE STATE BANK OF INDIA SCS/STS EMPLOYEES WELFARE ASSOCIATION TO THE NATIONAL FEDERATION AND ALSO TO THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 18.01.2020 WHEREBY THE STATE BANK OF INDIA SCS/STS EMPLOYEES WELFARE ASSOCIATION COMMUNICATED THE SUSPENSION OF K.S.VELAYUDHAN TO THE NATIONAL FEDERATION AND ALSO TO THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 20.01.2020 ISSUED BY THE NATIONAL FEDERATION OF SBI SCS/STS EMPLOYEES TO THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 12.03.2020 SUBMITTED BY THE STATE BANK OF INDIA SCS/STS EMPLOYEES WELFARE ASSOCIATION TO THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE CIRCULAR DATED 22.08.2013 ISSUED BY THE MINISTRY OF FINANCE GOVERNMENT OF INDIA.

EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 19.03.2020 IN WPC NO.8764/2020.

EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 22.04.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 21.04.2020 IN WPC (TEMP) NO.104/2020 (SUBSEQUENTLY NUMBERED AS) WPC NO.9489/2020.

EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT DATED 05.01.2021 IN WPC NO.8764/2020, 9489/2020 AND 9943/2020.

WP(C).No.4567 OF 2021(U)

EXHIBIT P10 TRUE COPY OF THE OFFICE ORDER NO.PER.PLA 2020-21/41 DATED 16.02.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE RELIEVING LETTER ISSUED BY THE 5TH RESPONDENT DATED 20.02.2021.

EXHIBIT P12 TRUE COPY OF THE PLAINT IN O.S NO.193/2021 ON THE FILE OF THE MUNSIFF COURT, THIRUVANANTHAPURAM

EXHIBIT P13 TRUE COPY OF THE APPLICATION FOR LEAVE DATED 20.02.2021 SUBMITTED BY ME BEFORE THE 5TH RESPONDENT

EXHIBIT P14 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 20.02.2021 ISSUED BY THE HR DEPARTMENT