• Abrupt transfer to Mumbai without prior intimation

This has reference to above subject. I would like to inform you that I had been recurited as JMGS 1 scale officer in Allahabad Bank on 1July 2013 and I was posted in my domicile state Delhi. For the last six months I have been working with forex branch New Delhi . Now Bank has decided to open centralised centre for forex operations in Mumbai and Calcutta. On the basis of that they abrubtly give the transfer letter to Mumbai fxpc and recieved the instructions to join on 15/03/ 2019.
Now the best part comes I have been recurited as officer and liable to be posted anywhere in India according to Bank buisness need. Now here the question comes according to our transfer and placement policy a Officer without promotion is subjected to transfer within circle but I have been transferred to outside of my circle. Moreover according to our bank guidelines Officer should have mandatory certificate in specialized areas of that field. Neither I have any specialized certificate nor I have enough experience in forex operations inspite of that I have been transferred to Mumbai forex Centralized Centre. Without promotion during rotational transfer a Officer is being transferred into his zone. Kindly advise me the proper legal advice against such autocratic nature of Management and harassment being imposed on me.

Regards
Prabhat Kumar Verma
Pf 46971
Office Allahabad Bank
Mail id prabhat [deleted]
M.no. [deleted]
Asked 6 years ago in Labour

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8 Answers

Hello,

 

if you have been transferred against the policy of the bank and against the employment rules applicable on you then you can challenge the said transfer before the court since the said arbitrary action is prejudicing your career in a way which can not be made good in any manner. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since you have prior experience of forex branch and all forex operations are being centralised you have been transferred from Delhi to Mumbai 

 

you can make representation against your transfer that your transfer should be within circle only and you do not have any certificate  of specialisation  in forex matters 

 

as last resort file application in CAT against your transfer 

Ajay Sethi
Advocate, Mumbai
99879 Answers
8150 Consultations

As it seems from your write downs your transfer is not in conformity with transfer policy. 

If this is so you can file a writ petition in High Court for quashing the transfer order issued by your bank. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear client, 

It may be PSU bank, You can get relief from High court on the basis of rules. Make sure there should be no proviso to rules like ...

Exception to transfer rules.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You need to challenge the transfer by filing writ petition in the same

Prashant Nayak
Advocate, Mumbai
34591 Answers
249 Consultations

  1. I would advice you to write a representation to the your bank specifying that you can only be transferred to your zonal office until and unless you have either of the above two mentioned eligibility.
  2. See, what they say about the representation and then according  to their reply, you will have to move further.
  3. If they deny then approach the Hon’ble High Court of Delhi under the Writ Jurisdiction of Mandamus or Certiorari under Article 226 of our Constitution to set aside the transfer order as this is against the principle of natural justice.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If this does not suit you then you can challenged this transfer in a Writ before the Hon'ble High Court as this is against the existing rules but I will suggest to demand the promotion or be transferred with in the Zone so that Higher Ups should at least know what is going on.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You may first ascertain the transfer rules in this regard and then make a representation to the authorities concerned in writing, exhaust the remedies within the department first.

If your representation is not considered by the authorities concerned and your application is rejected then you may plan to approach high court with a writ petition seeking to cancel the said transfer and to post you to the place as per law in force.

 

 

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

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