Deep Narayan Majumder v. Uco Bank And ORS.

15.11.2021 sb Ct 23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 10691 of 2021 Deep Narayan Mojumder Vs.

UCO Bank & Ors.

Mr. Rananeesh Guha Thakurta .. For the petitioner.

Mr. Raghunath Ghose ... For the respondent Bank The petitioner is residing at 561, Dum Dum Park, Kolkata - 700055, as appears from the cause title. The petitioner is presently posted at Jhorehat Branch of UCO Bank at Howrah. The petitioner is seeking transfer from the said Branch to any convenient Branch close to his residence, as his parents are unwell and the petitioner is facing difficulty to look after them and arrange for proper medical care.

The petitioner has made several representations before the respondent/Bank but none of such representations have been considered.

Ordinarily, the Courts are loath in interfering with the orders of transfer, as it pertains to the administrative policy of the employer purely within the employer's domain, unless it is explicit that the employee is victimized by the transfer. In the instant case, there is no such ground being raised by the petitioner. The only

reason is the health ground of the parents of the petitioner.

The writ petition is, therefor, disposed of by directing the respondent/Bank to consider the representation made by the petitioner within a period of eight (8) weeks from date, after affording the petitioner a reasonable opportunity to represent his case following Covid protocol.

The petitioner's case for transfer should be disposed of by a reasoned order and the same shall be communicated to the petitioner at the earliest. The authority concerned shall be free to decide the petitioner's case without being any way influenced by the instant order since I have not gone into the merits of the same.

Since I have not called for any affidavit, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of necessary formalities.

(Arindam Mukherjee, J.)