Civil Procedure Code (CPC)

TRANSFER OF OFFICERS

This query is : Resolved 
 

(Querist)
20 July 2009

I am working for a Public Sector Bank. One of my collegues, an officer, is transferred as he has participated in the strike call by the Union. However, the transfer order do not mention any specific reason for transfer. Our bank do not have a transfer policy. My doubts are:-

1. Is there any legal remedy for cancelling the transfer?
2. Can a direction be given to bank to have a clear cut transfer policy through a court of law?


A V VishalOnline (Expert)
20 July 2009

Transfer is a routine administrative process. However, you are stating that the bank is a PSU so it must have a transfer policy, assuming that since your friend happened to participate in a strike call he has been transferred would be a wrong notion, generally there are no reasons stated in a transfer except if the same is on request of the employee or his promotion or even demotion.

A V VishalOnline (Expert)
20 July 2009

Except making a request to cancel the transfer if the employee has strong reasons to continue his stay in current place of posting I don't think courts can do much about it.

SREEKUMAR (Querist)
20 July 2009

Dear Sri.Vishal,

Thanks a lot.

What about transfer policy? Can an employee approach court of law?

A V VishalOnline (Expert)
20 July 2009

I suggest that instead of approaching the court, the union can appeal to the management to formulate a transfer policy.



Guest (Expert)
21 July 2009

Rightly advised by Mr. Vishal.

In the matters which are purely of administraive nature, courts do not interfere.

SREEKUMAR (Querist)
21 July 2009

Dear vishal & shiva,

Thanks a lot for your valuable suggestion. My concerns are:-

1. Inspite of being a PSB, no transfer policy is introduced till date.
2. The person recommeding for transfer works in the same place for more than 5-8 yrs, whereas the officers works under him gets transferred within 2/3yrs.
3.Chances of victimization influenced by personal bias is more when a group of officers are reporting to single point & HR dept executes transfers on the basis of the report of single point.
4. In case Union gets a reply "the transfers are done due to admn.exegencies & bank do not have a transfer policy" whom should we approach?



Guest (Expert)
21 July 2009

Transfer can never be punitive and it should be only for administrative exigency. When you challenge the transfer on the ground of punitive nature, the management immediately takes shelter of false plea of administrative exigency. It is one of the most difficult tasks to prove in the court of law about malafide intentions of the management, as malafide is the mental state and you have to prove it by way of physical actions. The officer's participation in strike and another officer's repeated demands to go to the transferred place are the strong grounds for you to try the court indulgence.

Yes. Officers have got a right to ask for a transfer policy and if the management turns a deaf ear, you can seek the indulgence of the court to give direction to the management to that extent.



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