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Madras High CourtWP/4653/2025disposed of

Avent Eva v. State Bank Of India

2025-02-20Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.02.2025

CORAM:

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN W.P.No.4653 of 2025 and W.M.P. No.5153 of 2025 Avent Eva ... Petitioner vs 1.State Bank of India Represented by the Deputy General Manager cum Chief Development Officer, 16, College Lane, Nungambakkam, Chennai 600 006.

2. The Deputy General Manager AO Salem, State Bank of India, Chinnaiyyan Towers, 120/2 & 120/3, Cherry Road, Hasthampatti, Salem 636 007.

3. Authorized Officer, Office of the Deputy General Manager cum Chief Development Officer, 16, College Lane, Nungambakkam, Chennai 600 006.

4. Regional Manager (Villupuram Region) State Bank of India, No.43A, Hospital Road, Villupuram 605 602

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ, particularly in the nature of Writ of Certiorarified Mandamus calling for records pertaining to the e-mail communication dated 04.11.2024 issued by the 3rd respondent to the petitioner, by which the earlier office order No.IRT/14 dated 17.09.2024 was cancelled and consequently direct the respondents to give effect to the office order No.IRT/14 dated 17.09.2024 transferring the petitioner from the Auroville International Town branch to RBO - Puducherry, within the time limited stipulated by this Hon'ble Court. For Petitioner : Mr. M. Nirmal Kumar For Respondents : Mr. C. Mohan A. Rexy Josephine Mary for M/s.King And Partridge

ORDER

This Writ Petition has been filed in the nature of a certiorarified Mandamus seeking records relating to the communication dated 04.11.2024 issued by the third respondent to the petitioner. By such communication, an earlier order dated 17.09.2024 was cancelled. The petitioner has expressed grievance over the communication dated 04.11.2024 and has filed the present Writ petition.

2. In the affidavit filed in support of this Writ Petition, it had been stated that the petitioner is now working as a Senior Associate (CSS) in the Auroville International Township branch of the State Bank of India. His mother is aged and has medical conditions. The petitioner 2/6

sought transfer from Auroville International Township Branch to the Pondicherry Region. It is contended that, by an order dated 17.09.2024, the petitioner had been transferred from Auroville International Township Branch to RBO - 5 Puducherry. The petitioner, however, was not relieved from the branch in which he was discharging his duties. This particular order dated 17.09.2024 was cancelled by a communication dated 04.11.2024. This would automatically mean that the petitioner should continue to discharge his duties at Auroville International Township Branch.

3. This Court had directed notice to be served on the respondents and learned counsel had also entered appearance. On instructions, it has been stated that the petitioner was transferred to RBO - 5 Puducherry but not yet relieved from Auroville International Township Branch. It had been contended that no suitable replacement had been obtained by the respondents for the post which the petitioner was holding at Auroville International Township Branch. It is contended that it is for that reason that the earlier order of transfer has been cancelled and not owing to any vindictive attitude on behalf of the respondents. 3/6

4. Though the learned counsel for the petitioner raised allegations, I do not give much credence to them. The respondents may consider to take a decision about the transfer of the petitioner, which right to decide purely lies with the respondents and this Court cannot step into the shoes of the respondents and seek placement of their employees or officers or staff at various branches. That will be exceeding jurisdiction. I am not prepared to interfere with the order now impugned. The petitioner may give necessary representation as to why such an order should be reconsidered and the respondents may take a proper decision on such representation.

5. With the above directions, this Writ Petition stands disposed of. No costs. W.M.P. No.5153 of 2025, which has been filed to dispense with the production of the impugned e-mail communication dated 04.11.2024, stands allowed.

20.02.2025 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga 4/6

To 1.State Bank of India Represented by the Deputy General Manager cum Chief Development Officer, 16, College Lane, Nungambakkam, Chennai 600 006.

2. The Deputy General Manager AO Salem, State Bank of India, Chinnaiyyan Towers, 120/2 & 120/3, Cherry Road, Hasthampatti, Salem 636 007.

3. Authorized Officer, Office of the Deputy General Manager cum Chief Development Officer, 16, College Lane, Nungambakkam, Chennai 600 006.

4. Regional Manager (Villupuram Region) State Bank of India, No.43A, Hospital Road, Villupuram 605 602 5/6

C.V. KARTHIKEYAN, J.

bga W.P.No.4653 of 2025 and W.M.P. No.5153 of 2025 20.02.2025 (1/2) 6/6