Issuing second transfer order keeping on in abeyance.
Himadri Shekhar Bhattacharjee
(Querist) 01 March 2011
This query is : Resolved
Sir,
I am an officer of Punjab National Bank.Due to an extreme medical eventuality, I sought transfer to a place in close proximity to my home town, on medical grounds. My head office was kind enough. to allow my transfer and the same was put to the 'HRMS' module of the bank on the internet. But the local zonal authorities kept that in abeyance and issued another transfer order to me, keeping the first transfer order in abeyance, though in force. Sir, please let me know the relevant government of india guidelines and the recourse available to me in this regard.
Thanks.
Himadri Shkhar Bhattacharjee.
Kirti Kar Tripathi
(Expert) 02 March 2011
you can file writ petition in high court challenging the action of bank.
Guest
(Expert) 02 March 2011
At first, second order of transfer cannot be issued by keeping abeyance the previous order. Second order can be issued only in cancellation of the previous order.
Secondly, the lower authority does not enjoy the power to keep in abeyance the order of the higher authority.
I have already provided a solution to your similar query elsewhere that you first apprise the competent authority in the HQ about defiance of his orders by the lower authority, and if no result can file a suit against the orders of the lower authority.
Another question arises, when you have mentioned in one of your queries that you are under suspension for more than 6 months, how the issue of transfer has now come in to picture, except for fixing of the headquarter of the employee during suspension, that too done often at the very initial stage of suspension?
It seems you are confusing different issues for your own self by inviting contradictory solutions to your problems.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
Himadri Shekhar Bhattacharjee
(Querist) 02 March 2011
Sir, Both the transfer issues arose well before I am put to 'suspension'. Consequent to my second transfer, I challenged the zonal authorities, they put me under 'suspension' which, ultimately, is proved as 'vindictive' and 'concocted' as no charge against me could be proved and I have given suitable replies to all the irregularities cited in the 'remarks call'. I am not trying to confuse anybody. I am just making honest attempts to know the 'legal knitygrittes' before planning my move to get myself exonerated and recover my lost prestige. Thanks. Himadri Shekhar bhattacharjee
M V Gupta
(Expert) 03 March 2011
Under Staff Rules the Competant Authority who has suspended u should serve show cause notice on the misconduct/s for which u have been suspended and initiate disciplinary proceedings.If no such step is taken by the Authority within a reasonable time, he should revoke the suspension order and post u back in ur job. Pl check ur Staff Reules of ur Bank for mre details. As regards transfer orders, follow the advise given by Expert Shri. Dhingra.
Himadri Shekhar Bhattacharjee
(Querist) 03 March 2011
Sir, already six month's have passed after I have been suspended. In the meantime, bank could only send one 'remarks call' and I meticulously furnished justifications to each irregularity cited there. Thereafter, no action have been taken on the part of the bank. So, sir, I am at a fix as to what should be my stand now. Thanks. Himadri Shekhar Bhattacharjee
