• Three transfers in 5 months

I am serving as assistant manager in a public sector bank. In last 5 months I have been transferred three times..first on may 2019, then June 2019 now again on October 1;2019. On asking reasons for transfer to my HR he chose not to reply. I want to know if I can file mental harassment case against them as I know these frequent transfers are occuring under influence and politics and no other reason.
Asked 6 years ago in Labour

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12 Answers

What are the provisions of bank transfer policy 

 

there must be clause that bank officer not be transferred unless he has completed 3 years of service in city of posting 

 

complain to superiors regarding transfer made contrary to policy 

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

It may be internal politics is leading to this. You can complaint about this to labour commissioner

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

1. No case for damages on account of mental harassment will produce anything for you unless you challenge the transfer and it is set aside by the court.

2. The remedy in your hands is to file a writ petition in the High Court to challenge the transfer on the ground that it arbitrary and actuated with malice.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can contest transfers in service Tribunal and for that purpose you have to file fees in the Tribunal to oppose your transfer

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

For case to challenge these frequent transfers in the High court in a writ petition. Contact a local lawyer to get this done. In the case of Gobardhan Lal Vs. State of U.P. reported in 2000 (18) LCD 709, the Allahabad High Court while considering the issue of frequent transfer directed the State Government to frame some guidelines. The relevant extract from this judgement is being reproduced here under:-
"15. We are also of the opinion, that the Government should fix some specific period (say of three years) for the posting of a Government servant at a particular place, otherwise the Government servants will have no stability in life. Several Government servants are transferred very frequently and this is bad for the morale of the service. Apart from this, a heavy burden is cast on the exchequer due to such transfers. Hence, we direct the Government to fix at the earliest a period of posting during which the Government servants will not be ordinarily transferred or disturbed unless there are some very exceptional grounds, which must be recorded in writing."

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1.  Try to file matter before your officers union, before conducting any legal proceedings, since it would backfire on you in your future career.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You should ask the higher authorities to consider your transfer agIn. What is the policy in your bank regarding transfer. Find out by filing an rti application.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file a writ petition in high court seeking necessary directions to management to submit a report stating the reasons and necessity of  your recent frequent transfer and set aside the transfer order if the management fails to satisfy the court that transfers were made for valid reason without any malafide intentions. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can approach High Court by way of writ to obtain stay on transfer. Court dose not interfere in transfer mattes but when conducted in such a manner, court will grant relief.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

- Banking Job is a transferable one , and the same is declared by all the Banks at the time of inviting applications as well as in the later stages of the recruitment process.

- As per Transfer policy of Officer , No officer shall remain in the same office for more than 3 years.  The period of stay in the office will exclude the period of service as workman in the same office.

- Further, Normally, an officer should be allowed to stay at one office for a period of 3 years, unless in the meantime, he is promoted and has to be transferred to another office.  He can, however, be allowed to continue in the same office on promotion, provided there is a suitable vacancy in the higher scale / grade and he has not completed 2 years’ stay at this office.

- Further, Officers posted at a branch for unduly long period, in violation of the above stipulated period, are likely to develop interests.  In order to eliminate the scope for frauds and corruption, Rotational transfers must be effected regularly.

- 3 transfer in the last 5 months ,is not admissible under the banking rules and regulations, hence you should lodge your compliant before the Zonal Manager , the Human Resources Development Division, HO. with reasons of harssment faced by you. 

- If, you not get any response from them, then you can get relief from the High Court , after filing a writ Petition.

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

General transfers occur after a gap of 3-4 years by

annual transfer lists published on 31st march every

year by the PSU and the same is circulated within the

organization.. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

You first make a representation in writing to the higher authorities in this regard and seek remedy to the tortures and harassment you are being meted out.

If you fail to get a proper reply to your satisfaction, then you can approach high court with a writ petition seeking relief and remedy on this.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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