Canara Bank v. Anju Mehra

$~8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 392/2020, CM APPL.

33410/2020 -Stay., CM APPL.

33412/2020 -Addl. doc.

CANARA BANK ..... Appellant Through:

Mr.Rajesh Kumar Gautam with Mr.Anant Gautam, Mr.R.P.Daida, Mr.Dinesh Sharma, Ms.Anani Achumi, Ms.Shivani Sagar, Advs.

versus ANJU MEHRA ..... Respondent Through:

Mr. Kushagra Bansal, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 29.02.2024

1. The present appeal under Clause X of the Letters Patent seeks to assail the order dated 05.11.2020 passed in W.P.(C) 7927/2020.

2. Vide the impugned order, the learned Single Judge has quashed the order dated 21.09.2020, vide which the respondent was transferred to Teela Mod Branch, Farrukh Nagar, Ghaziabad, Uttar Pradesh after she was promoted in accordance with the appellant's promotion policy dated 07.02.2019 to the Grade of MMGS II. It may be noted that this transfer order was issued after an earlier transfer order dated 29.04.2019 transferring the respondent to Hyderabad was cancelled at her request.

3. Having heard learned counsel for the parties, we find that the impugned order has now worked itself out as the respondent has remained in Delhi for more than three years in terms thereof. Learned counsel for the respondent does not deny that the respondent is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:51:32

working on a transferable job and, therefore, the appellant is now free to pass a fresh transfer order. We have, therefore, put to him as to whether the appeal can be disposed of by directing that the impugned order will not come in the way of the appellant passing a fresh transfer order in accordance with its promotion policy dated 07.02.2019 and the respondent's application dated 25.02.2019. He submits that the respondent will have no objection to a fresh transfer order being passed in accordance with the promotion policy dated 07.02.2019 as also the application submitted by the respondent on 25.02.2019.

4. In the light of the aforesaid stand taken by the parties, we dispose of the appeal by granting liberty to the appellant to pass a fresh order transferring the respondent, if deemed appropriate, in accordance with the policy dated 07.02.2019 and the respondent's application dated 25.02.2019.

5. It is, however, made clear that the observations made in the impugned order will not come in the way of the appellant passing an order in accordance with the appellant's policy.

6. The appeal along with all pending applications stands disposed of in the aforesaid terms.

REKHA PALLI, J RAJNISH BHATNAGAR, J FEBRUARY 29, 2024 sr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:51:32