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Himachal Pradesh High Court · body

2012 DIGILAW 850 (HP)

Mahesh Pal v. State Bank of India

2012-11-19

DEEPAK GUPTA, V.K.AHUJA

body2012
Judgment Deepak Gupta, J. 1. The petitioner by means of this petition has challenged his transfer made vide order dated 13.6.2012 from Shimla to Chango in district Kinnaur mainly on the ground that his transfer has been ordered because of extraneous reasons with a view to punish him. 2. The stand of the respondent-bank is that the transfer has been made in the administrative interest. According to the respondent-bank a study was carried out by the Assistant General Manager, PBBU, Chandigarh on the Retail Assets Small and Medium Enterprises Centralised Credit Cell (RASMECCC) Shimla. As per this report the working of the said branch was not satisfactory. Thereafter, the Deputy General Manager, Shimla responded to the study and sent his response on 12.6.2012 and finally in the administrative interest a decision was taken to transfer the petitioner to Chango. 3. From the material on record, it is more than apparent that the functioning of the Cell in which the petitioner was working was under scrutiny even before the instance alleged by the petitioner had taken place. The petitioner is a young officer, who has just completed his probation and there should be no problem in serving at Kinnaur. We feel that at this initial stage of the career the petitioner should not go into such matters which may affect his future. Taking all factors into consideration, we are of the view that the transfer has been primarily ordered in the public interest. We may make it clear that since the bank itself has stated that the transfer has been ordered for administrative reasons the mere fact that the petitioner has been transferred to Kinnaur will not be in any manner be treated as lack of devotion to duty on behalf of the petitioner. The petitioner has already joined at Chango. We, therefore, reject the petition without going into the other highly disputed questions and the allegations levelled by the petitioner. No costs.