AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner is a Senior Branch Manager in Tehri Garhwal, District Co-operative Bank Limited, New Tehri. He was serving in the Head Office of the Bank since the year 2021. In the year 2024, he was attached in Gaza Branch of the Bank. Vide order dated 23.07.2026, he was transferred from Gaza Branch to Lambgaon Branch by Secretary/General Manager of the Bank. Petitioner challenged said transfer order by filing Writ Petition (S/B) No.502 of 2026. The transfer order dated 23.07.2026 was set aside vide judgment dated 30.07.2026, however, liberty was reserved in favour of the Competent Authority to decide whether petitioner should continue on attachment in Branch Gaza, keeping in mind the Model Code of Conduct. The Secretary/General Manager thereafter passed an order on 07.08.2026, whereby petitioner’s attachment in Branch Gaza was cancelled and he was brought back to the Head Office of the Bank. However, on 25.09.2026, petitioner was again transferred from Head Office to Branch Lambgaon, District Tehri Garhwal, which is under challenge in this writ petition.
The transfer order dated 25.09.2026 is challenged on the ground that it is contrary to the Transfer Policy applicable in the Bank; according to the Policy, Branch Managers/Senior Branch Managers can be transferred only upto 31st May of a given year, while petitioner is transferred in the last week of September, 2026; petitioner alone has been targeted by transferring him to a distant place while other Branch Managers/Senior Branch Managers are left undisturbed.
Vide order dated 12.10.2026, we permitted learned counsel appearing for the Bank to seek instructions in the matter. On instructions, Ms. Seema Sah, learned counsel appearing for the Bank submits that oral and written complaints were received against the petitioner. Consequently, he has been transferred from Head Office to Lambgaon Branch. She produced before us one such complaint dated 05.08.2026 made by Secretary, Lava Multipurpose Primary Agriculture Credit Co-operative Society Limited, Vikaskhand, Narendra Nagar, Tehri Garhwal, which is taken on record.
Perusal of the complaint reveals that Secretary of the concerned Multipurpose Co-operative Society highlighted the problem faced by the public due to non-availability of computer in the office of the Society. There is no allegation made against work, conduct or performance of the petitioner as Senior Branch Manager in the Bank.
The manner, in which the petitioner has been transferred within less than two months, from Head Office to Lambgaon Branch, that too after close of transfer season, indicates that there is something more to the impugned transfer than what meets the eye.
The complaint produced before us by Ms. Seema Sah, learned counsel, also indicates that there is no compelling reason to transfer the petitioner again to Lambgaon Branch.
For the aforesaid reasons, we set aside the impugned transfer order dated 25.09.2026 and also the subsequent letter dated 29.09.2026, whereby petitioner was given warning for not joining at the transferred place. However, the Competent Authority shall be at liberty to transfer the petitioner, as per applicable Policy, in the next transfer year.
The writ petition is disposed of in aforesaid terms.