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2025 DAILYLAW 187449 (ALL)

SUNY CHOUDHARY (EMPLOYEE CODE-108167) v. U.P. GRAMIN BANK HEAD OFFICE THRU. GENERAL MANAGER (HRM) AND 4 OTHERS

WRIA/14679/2025 · 2025-12-19

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14679 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard Mr. Amrendra Nath Tripathi, learned Senior Counsel assisted by Mr. Vijay Nandan Mani Tripathi, Mr. Nikhil Agnihotri, Mr. Aviral Singh, counsels for the petitioner and Mr. Asit Chaturvedi, learned Senior Counsel assisted by Mr. Chandan Mishra, counsels for the respondents and perused the records. The present writ petition has been filed challenging assailing the transfer order dated 01.12.2025. The contention put forth by learned counsel for the petitioner is that the petitioner was transferred from Moradabad to Amroha on his own request on 06.05.2024. He submitted that the transfer on the own request is permitted only one time, in the whole service period. He next submitted that as per the transfer policy of the Bank itself, an employee shall remain on one place for about three years of period, but within span of seven months, the petitioner has been transferred, though, there is no any Administrative ground for transfer of the petitioner. He argued that the petitioner including the other Bank employees made some complaint against respondent no. 5, who is suffering with disease named as 'Schizophrenia' and thereafter, the petitioner has been transferred about more than 750 Kms away, whereas, respondent no. 5 has been Versus Counsel for Petitioner(s) : Abhinav Nath Tripathi, Vijay Nandan Mani Tripathi Counsel for Respondent(s) : Virendra Mishra Suny Choudhary (Employee Code-108167) .....Petitioner(s) U.P. Gramin Bank Head Office Thru. General Manager (Hrm) And 4 Others .....Respondent(s) transferred only 30 Kms away. He submitted that in fact, there is no any administrative exigency so as to transfer the petitioner from Amroha to Varanasi in the mid-term as in fact, there is no complaint against the petitioner. Further submission is that the petitioner has foregone his chance of promotion in the last year itself, with the intent that he may not be transferred from District Amroha to another place. After the aforesaid argument, he submits that the petitioner may be given liberty to move fresh representation, while raising the objection against the transfer order dated 01.12.2025, with the prayer of cancelling the same, to the competent authority i.e. Chairman, Uttar Pradesh Gramin Bank, Lucknow, and he may be directed to consider and decide the same, within stipulated period of time as may be fixed by this Court. On the other hand, Mr. Asit Chaturvedi, learned counsel appearing for the respondent-bank has opposed the contentions aforesaid and submitted that in fact the petitioner has been transferred, looking into some administrative requirements and therefore, there is no ambiguity or erroneousness in the impugned order. He also added that as per the regulations of the Bank, the petitioner can be transferred at any place in the State of U.P. and this is incidence of service, therefore, no interference is warranted in the order impugned. Upon considering the submissions of counsel for the parties, it emerges that the petitioner has earlier been transferred from District Moradabad to District Amroha on 06.05.2025, as Senior Manager. It is specifically stated by learned counsel for the petitioner that there is no complaint against the petitioner regarding his conduct or otherwise. Further this Court has noticed that the petitioner was transferred on own request, and as per his statement, the transfer on his own request is exercised only one time, whereas, this argument has been refuted by counsel for the respondent-bank and submission is that this provision is under the new policy of the Bank. In fact, prima facie, it seems that the petitioner including the other employees of the WRIA No. 14679 of 2025 2 Bank have made some complaints against respondent no. 5 and the Chairman and other competent authority to avoid the unpleasant situation, has transferred the petitioner. Be that as it may, the petitioner is given liberty to move a fresh representation before the Chairman, Uttar Pradesh Gramin Bank, within period of seven days and on receiving such representation, the Chairman, U.P. Gramin Bank, shall sympathetically consider and decided the same, within further period of four weeks. It is provided that no coercive action shall be taken, till the decision is taken by the Chairman, Uttar Pradesh Gramin Bank. It is clarified that this Court while passing this order, has not taken any contention or pleading of counsel for the petitioner, adversarial to the respondent no. 5. With the aforesaid observations, the writ petition is hereby disposed of. December 19, 2025 Mayank WRIA No. 14679 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench