Punjab-Haryana High Court
Ajmer Singh vs Regional Head Bank Of Baroda And Ors on 13 December, 2023
Neutral Citation No:=2023:PHHC:160009
CWP-27136-2022 (O&M) 1 2023:PHHC:160009
126
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-27136-2022 (O&M)
Date of Decision:13.12.2023
AJMER SINGH ......... Petitioner
Versus
REGIONAL HEAD BANK OF BARODA AND ORS
..... Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : Mr. Bhupesh Dogra, Advocate
for the petitioner.
Mr. Anil Kumar Ahuja, Advocate
for the respondents.
****
JAGMOHAN BANSAL, J. (Oral)
1. The petitioner through instant petition under Article 226 of
the Constitution of India is seeking setting aside of order dated
16.11.2022 whereby petitioner has been transferred from Sirsa to Nuh.
2. The petitioner is assailing transfer on the ground that the
petitioner in a short span of 5 months has been transferred 3 times. As per
petitioner, the minimum tenure of an officer in any region is 3 years and
as per policy, the officers having longer tenure need to be transferred.
There are officers in the region who are having tenure of more than 5
years still they have not been transferred whereas petitioner has been
transferred within 3 years.
3. Per contra, learned counsel for the respondents submits that
Sirsa and Nuh are part of Hisar region. As per transfer policy, the
minimum tenure of an officer in any region is 3 years. The petitioner has
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not been transferred from one region to another region, thus, he can be
transferred within region from one place to another place. The petitioner
joined Hisar region on 26.06.2019 and he has already completed 3 years
period in Hisar region, thus, as per transfer policy, he can be transferred
out of region whereas petitioner has been transferred within region. The
earlier transfers were made within District Sirsa.
4. I have heard the arguments of both sides and with the able
assistance of learned counsels perused the record.
5. As pointed out by the parties, the relevant extracts of the
transfer policy are reproduced as below:
"4.0 Tenure of posting on transfer
xxx xxxx xxxx xxx
Inter-regional Transfers:
4.10 Transfer of an officer in JMG/S-I, MMG/S-II
within the Zone will be purely need based and on
administrative requirements. However, the minimum
tenure of an officer in any region shall be 3 years, so
as to prevent frequent incidence of transfers within
Zone for individual officers.
xxx xxxx xxxx
Intra- Regional Transfer(including transfers from
one city/place/centre to another):
4.16 An officer can be posted anywhere within the
Region as per needs of the Bank. However, officers,
who have been in the same city/place/centre within a
Region for 6 years or above, will be subjected to
transfer to another city/place/centre within the same
region or in other Regions of the zone, subject to non-
identification for transfer to another zone.
4.17 Officers, who have been in a Region contained
within the same city/place/centre, for 6 years or above
will be subjected to transfer to another Region or to
any other city/place/centre within the zone, subject to
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non-identification for transfer to another zone.
xxx xxx xxx xxx
Deployment to another Branch/Office within the
City/Place/Centre
xxx xxxx xxxx
4.20 In terms of the guidelines of the Govt. of India,
presently in vogue, officers have to be rotated from
one Branch / Office to another Branch / office upon
completion of 3 years.
xxx xxxx xxxx
7.0 Criteria for transfers:
7.1 (a) Identification of officers for Inter-Zonal, Inter-
regional or transfers out of the city/place/centre shall
be primarily on the basis of longest stay of Officers in
the Zone, Region or city/place/centre, as the case may
be."
6. From the perusal of above quoted paragraphs of transfer
policy, it is quite evident that minimum tenure of an officer in any region
is 3 years. The petitioner has been transferred from Sirsa to Nuh and both
places fall within Hisar region, thus, there is no violation of para 4.10 of
the policy.
7. It is settled proposition of law that it is prerogative of the
employer to post its employees as per its choice. No employee can claim
posting at a particular place. The Courts are not supposed to interfere in
the transfer orders until and unless there is grave miscarriage of justice or
abuse of process of law.
8. The Supreme Court in Punjab and Sind Bank and Others
Versus Durgesh Kuwar; (2020) 19 SCC 46, while dealing with question
of transfer has held that an employee cannot have a choice of posting.
Administrative circulars and guidelines are indicators of the manner in
which the transfer policy has to be implemented. An administrative
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circular does not confer a vested right which can be enforced by writ of
mandamus. The relevant extract of the said judgment read as:-
"17. We must begin our analysis of the rival
submissions by adverting to the settled principle that
transfer is an exigency of service. An employee cannot
have a choice of postings. Administrative circulars
and guidelines are indicators of the manner in which
the transfer policy has to be implemented. However,
an administrative circular may not in itself confer a
vested right which can be enforceable by a writ of
mandamus. Unless an order of transfer is established
to be mala fide or contrary to a statutory provision or
has been issued by an authority not competent to
order transfer, the Court in exercise of judicial review
would not be inclined to interfere. These principles
emerge from the judgments which have been relied
upon by the appellants in support of their submissions
and to which we have already made a reference
above. There can be no dispute about the position in
law."
9. Considering the factual matrix and above cited judgment of
Supreme Court in Punjab and Sind Bank (supra), this Court does not find
it appropriate to invoke its extraordinary writ jurisdiction, thus, the
petition is hereby dismissed.
10. Pending misc. application(s), if any, shall also stand
disposed of.
( JAGMOHAN BANSAL )
JUDGE
13.12.2023
Ali
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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