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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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.
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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:
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T.R. RAVI, J.
--------------------------------------------
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
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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
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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
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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
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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.
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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.
