Uttarakhand High Court
WPSS/1356/2024 on 31 July, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders or
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Date COURT'S OR JUDGES'S ORDERS
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WPSS No.1356 of 2024
Hon'ble Pankaj Purohit, J.
Mr. Akshay Joshi and Mr. Vishwast Kandpal, learned counsel(s) for the petitioner.
2. Mr. Anil Kumar Bisht, learned counsel for the respondents-Bank.
3. Heard learned counsel for the parties.
4. The petitioner, who is a Junior Branch Manager was transferred from Pithoragarh District Co-operative Bank Ltd., Branch Vadda to Pithoragarh District Co- operative Bank Ltd., Branch Dharchula vide impugned order dated 28.06.2024.
5. Vide order dated 10.07.2024, passed by a Co- ordinate Bench of this Court, petitioner was granted liberty to give three choices/options of places for his posting. Pursuant to this order, petitioner submitted a representation dated 11.07.2024 indicating therein his three choices/options of places, but the request of the petitioner was rejected for the reason that there is no vacancy available on the said three places on the post of Junior Branch Manager. The petitioner again gave three options of remote place on 22.07.2024 within District Pithoragarh and he wanted him to be transferred in any one of the three options given by him in remote places.
6. Learned counsel for the respondents-Bank was directed to get instructions in the matter as to whether the petitioner can be accommodated in any of the three options exercised in the remote places. Learned counsel for the respondents-Bank, on instructions, showed inability of the bank for the posting of the petitioner in any of the three options of remote places, as the post of Junior Branch Manager is already 2 occupied there.
7. Learned counsel for the respondents-Bank vide order dated 30.07.2024 was directed to seek instructions regarding the fact as to whether the Junior Branch Manager post in Dharchula is vacant or not, when it was argued by learned counsel for the petitioner that even in Branch Dharchula, the post of Junior Branch Manager is not vacant.
8. Today, the written instructions dated 31.07.2024 have passed on to this Court by learned counsel for the respondents-Bank, which are taken on record. On instructions, it is submitted by learned counsel for the respondents-Bank that the post of Junior Branch Manager in Dharchula Branch is also filled up, but due to the reason that Senior Branch Manager is not working there, the petitioner is transferred there and due the volume of the work in Branch Dharchula, the petitioner can be accommodated.
9. From perusal of the written instructions as well as on hearing learned counsel for the parties, it is strange that a person is being transferred to a place where there was no post sanction for him.
10. In this view of the matter, the impugned transfer order is hereby stayed.
11. As prayed, six weeks' time is granted to the respondents-Bank to file counter affidavit.
12. Thereafter, two weeks' time is granted to the petitioner to file rejoinder affidavit.
13. List on 16.12.2024.
14. Stay application (IA No.1/2024) stands disposed of accordingly.
(Pankaj Purohit, J.) 31.07.2024 AK