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2025 DAILYLAW 96553 (ALL)

AJAY PATHAK v. INDIAN BANK THROUGH ITS MD AND CEO AND 4 OTHERS

SPLA/860/2025 · 2025-09-16

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 860 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The appellant has filed the instant intra court appeal being aggrieved by order of learned Single Judge, dated 27.08.2025, by which Writ-A No.12526 of 2025, filed by the petitioner-appellant, challenging the transfer order, has been disposed of observing that the petitioner-appellant had not disclosed that his two previous transfer orders were cancelled on the ground of medical condition of his child and, therefore, the petitioner- appellant is not a bonafide litigant. Learned Single Judge, at the same time, has permitted the petitioner-appellant to join at the transferred place and thereafter make representation before the authority and which has also been directed to be considered sympathetically. 2. Shri Varad Nath, learned counsel for the appellant submits that on the same day in Writ-A No. 12529 of 2025, filed by another employee of same department, challenging the transfer order passed against him, the Writ Court permitted the petitioner of that case to file representation and directed the authorities to decide the same taking into consideration the relevant circulars. He submits that against the order of transfer, in the transfer policy itself, there is a provision for filing an appeal before higher authority. He submits that such liberty should have been granted to the petitioner-appellant and he should not have been compelled to join and thereafter make representation. 3. Shri Pashupati Nath Tripathi, learned counsel appearing for the respondents has opposed the prayer made by counsel for the petitioner- Versus Counsel for Appellant(s) : Varad Nath Counsel for Respondent(s) : Pashupati Nath Tripathi Ajay Pathak .....Appellant(s) Indian Bank Through Its Md And Ceo And 4 Others .....Respondent(s) appellant. 4. It is not disputed before us that under the transfer policy an aggrieved employee has been given the right to appeal. The relevant clause is as under:- "26.0 Grievances/Appeal Related To Transfers Grievance pertaining to violation of transfer policy may be entered by the Officers in the HR Connet Grievances menu within 15 days of receipt of transfer order. The same will be responded within next 15 days by the competent authority at ZO/FGMO/Corporate office (HRM dept), after detailed deliberation and by duly recording the reasons thereof. In case, the officer is not satisfied with the redressal, he may prefer to file an appeal, giving a details of the violation of transfer policy within 15 days and the said appeal will be put up before a committee, as below to look into the issue and the appeal will be disposed off within 15 days of receipt." 5. Learned counsel for the respondents also does not dispute that on the same date in another Writ-A No.12529 of 2025, filed by another employee, the Writ Court directed the representation to be considered. 6. In view of the above, we modify the order of learned Single Judge, dated 27.08.2025, and permit the petitioner-appellant to avail the remedy of appeal as provided under clause 26.0 of the transfer policy and in which event the same will be considered strictly, in accordance with law. 7. The appeal stands disposed of accordingly. September 17, 2025 Ashok Kr. SPLA No. 860 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad