Case Note & Summary
The case involves a senior officer of Punjab and Sind Bank, Mrs Durgesh Kuwar, who was appointed as a Probationary Officer in 1998 and promoted to Chief Manager in Scale IV. She was transferred from Indore to Sarsawa, Jabalpur on 11 December 2017. The respondent alleged that her transfer was a reprisal for reporting irregularities at her branch and for complaining about sexual harassment by the Zonal Manager, Mr Pankaj Dwivedi. She submitted representations citing bank circulars and guidelines for posting of women officers. The High Court quashed the transfer, finding it malafide and in violation of bank circulars. The Supreme Court, in appeal, considered whether the transfer was malafide and whether the High Court's interference was justified. The Court noted that the respondent had been in Indore for several years and that the bank had offered alternative postings at Scale IV branches. The Court held that transfer is an exigency of service and judicial review is limited. The allegations of malafide were not proven, as the transfer was recommended by senior officers and the Internal Complaints Committee found no substance in the sexual harassment complaint. The Court set aside the High Court's order and directed the bank to consider the respondent's choice of posting among Bhopal, Jabalpur, Jaipur, or New Delhi, and to allow her to join within four weeks.
Headnote
A) Service Law - Transfer - Judicial Review - Transfer is an exigency of service and courts should not interfere unless malafide or violation of statutory rules - The court held that the High Court erred in quashing the transfer order without sufficient evidence of malafide or violation of circulars (Paras 2-12). B) Sexual Harassment - Workplace - Transfer as Reprisal - Allegations of sexual harassment and reporting of irregularities must be considered in transfer decisions - The court noted that the respondent's allegations were investigated and found unsubstantiated, and the transfer was not proven to be a reprisal (Paras 5-8). C) Bank Circulars - Posting of Women Officers - Guidelines - The High Court found violation of bank circulars and Ministry of Finance guidelines, but the Supreme Court held that the transfer was in administrative exigency and offered alternative postings (Paras 7-11).
Issue of Consideration
Whether the transfer of a senior bank officer was malafide and in violation of bank circulars and guidelines, and whether the High Court was justified in quashing the transfer order.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and directed the respondent to join at a Scale IV branch of her choice among Bhopal, Jabalpur, Jaipur, or New Delhi within four weeks, failing which the transfer order would be implemented.
Law Points
- Transfer orders are exigencies of service
- judicial review limited
- malafide must be proved
- allegations of sexual harassment must be considered
- bank circulars and guidelines must be followed
