[2025:RJ-JP:230] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14670/2022 Vinod Kumar S/o Shri Jayram, Aged About 42 Years, R/o House No. 101, Near Chambal Dairy, Shastri Nagar, Dada Bari, Kota 324009 ----Petitioner Versus 1. Punjab National Bank, Through Zonal Manager, 2, Nehru Palace, Tonk Road, Jaipur. 2. The Deputy General Manager, Pnb Circle Head, Plot No. 9A, Near Dic, Industrial Area, Dcm Road, Kota, Rajasthan 324007 3. The Chief Manager, Human Resources Department, Plot No. 9A, Near Dic, Industrial Area, Dcm Road, Kota, Rajasthan 324007 ----Respondents For Petitioner(s) : Mr. Sandeep Saxena For Respondent(s) : Mr. M. A. Khan with Ms. Rekha Jain Mr. Niraj Kumar, Chief Manager, Punjab National Bank HON'BLE MR. JUSTICE SAMEER JAIN Judgment 02/01/2025 Learned counsel for the petitioner has submitted that the petitioner has rendered approximately 15 years of service in the Indian Navy thereafter, petitioner was discharged from his duties on 29.02.2016. Subsequently, the petitioner was appointed as clerk in Punjab National Bank against the vacancies reserved for Ex-serviceman quota therein petitioner duly completed his training period in Lucknow from 07.11.2016 to 18.11.2016. It is further submitted that the petitioner has joined services on the post of clerk in Bijnor (UP) on 21.11.2016, wherein the petitioner rendered his services for approximately five years [2025:RJ-JP:230] (2 of 4) [CW-14670/2022] thereafter, the petitioner submitted an online request for the transfer to Kota, resultantly, the petitioner was transferred to Kota. Further, it is submitted that though the request of the petitioner was duly considered and complied with, the respondent authorities have transferred the petitioner from Bijnor to Kota Circle however, at a distance of 120 Kms at Bhawani Mandi. Furthermore, it is submitted that as per guidelines and policy of the bank, for a period of three years, the employee cannot be transferred at any other place, while placing reliance upon the same, the petitioner has pleaded that, despite the categoric direction to the respondent for consideration of the representation, and that no coercive steps be taken for not complying with the transfer order, passed in first round of litigation in SBCWP No. 13699/2022, disciplinary proceedings were initiated against the petitioner vide charge-sheet dated 25.08.2022. Additionally, it is submitted that in compliance of the order dated 16.09.2022 passed in SBCWP No. 13699/2022, petitioner has filed a representation and the same was adjudicated on 22.09.2022, resultant to which petitioner was maintained at the posting place at Bhawani Mandi. Thereafter, petitioner has joined and worked obediently at the said place. Lastly, for violating the guidelines, the learned counsel for the petitioner has submitted that petitioner has prayed to be permitted to reside at Kota due to personal reasons and family obligations and duties, thereby confining the place at Kota alone. [2025:RJ-JP:230] (3 of 4) [CW-14670/2022] Per contra, learned counsel for the respondent along with Regional Manager (present in person) has submitted that the petitioner was accommodated by the Bank on his own request of transfer from Bijnor to Kota Circle, and as per banking roster on account of administrative contingencies, Bhawani Mandi was the only place available for the posting and transfer of the petitioner. It is further submitted that the petitioner has deliberately disobeyed the transfer order demonstrating a blatant disregard for the authority therefore, due to the said reason charge-sheet was issued against the petitioner and thereby appropriate actions were taken. Additionally, it is submitted that the order dated 16.09.2022 passed by Co-ordinate Bench of this Court, was duly complied by the respondents in letter and spirit. Lastly, it is submitted that the petitioner has joined at Bhawani Mandi and there is no adverse report in his service career other than instant issue which is in consideration. Heard and considered. Considering the arguments advanced by learned counsel for the parties and submissions of the Regional Manager (present in person), upon assiduously scanning the records, this Court has noted the following material facts:- (i) That the transfer is incidence of service. (ii) That the petitioner has been accommodated by the Bank by obliging his request and transferring him from Bijnor to Kota Circle. [2025:RJ-JP:230] (4 of 4) [CW-14670/2022] (iii) That on account of non-joining and disobeying the transfer order, charge-sheet was issued against the petitioner. (iv) That as on date, as per directions of the Court, representation was considered and on account of administrative exigencies the petitioner was directed to render his services at Bhawani Mandi. (v) That it is hereby noted that the mediation with the petitioner has failed, as the petitioner has expressed unwillingness to join at the offered place of posting. Considering the facts and circumstances of the instant matter, this Court is of the opinion that order dated 05.07.2022 needs no interference. Howsoever, in light of the order dated 16.09.2022, as no coercive action was directed during the tenure, charge-sheet on account of disobedience is hereby set aside on furnishing a letter/undertaking by the petitioner to the Regional Manager stating therein to act in the interest of the Bank and oblige the necessary instructions given by the seniors. The said undertaking be furnished within a period of 15 days from the passing of this order. Accordingly, the petition is disposed of. Charge-sheet dated 25.08.2022 is set aside for the reasons stated above. Pending applications, if any, stands, disposed of. (SAMEER JAIN),J Pooja /162