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2025 DAILYLAW 17347 (HP)

DEV RAJ GUPTA v. THE KCCBL

CWP/9822/2025 · 2025-06-19

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9822 of 2025 Decided on: 19th June, 2025 ------------------------------------------------------------------------------------- Dev Raj Gupta …..Petitioner Versus The Kangra Central Cooperative Bank Limited .....Respondent ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ganesh Barowalia, Advocate. For the Respondent: Mr. Sohan Singh Rathore, Advocate. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Sohan Singh Rathore, learned counsel, appears and waives service of notice on behalf of the respondent. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. Petitioner is serving as Manager (Grade-II) at Branch Office Didwin Tikker, District Kangra. His grievance is to the office order dated 30.05.2025 (Annexure P-1), 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 whereunder, he has been transferred to Branch Office Panjawar, District Una. 4. Learned counsel for the petitioner submits that the petitioner was posted at Branch Office Didwin Tikker only on 06.05.2023. He has just about completed two years at the present place. As per Chapter-9 of the Rules relating to the terms of employment and working conditions of the employees of respondent-Bank (Annexure P-4), the normal stay of the employees at a particular station is three years, though in exigencies of service, the employees can be transferred prior to three years. Learned counsel further submits that in the instant case, there is no exigency of service, which falls upon the respondent-Bank to disturb the petitioner before completing his normal stay at the present place. It was submitted that the petitioner had been transferred under impugned office order dated 30.05.2025, however, presently he is still serving at Didwin Tikker and none else has been posted in his place. It is seen from the record that the petitioner has preferred a representation to the respondent on 12.06.2025 (Annexure P-5) for withdrawing/cancelling his impugned transfer. 3 5. In the given facts and circumstances, this writ petition is disposed of by directing the respondent to consider and decide the aforesaid representation of the petitioner dated 12.06.2025 (Annexure P-5) in accordance with law and applicable rules/instructions, within a period of three weeks from today. The decision so arrived at shall also be communicated to the petitioner. Till such time, operation of the impugned office order dated 30.05.2025 (Annexure P-1) shall remain stayed qua the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 19, 2025 Judge Mukesh