TaxTMI 
TaxTMI 
2020 (2) TMI 1748
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....nch of the Indore Bench of the High Court of Madhya Pradesh dated 18 March 2019 in a Writ Appeal arising out of an order of the learned Single Judge dated 11 February 2019. 4 The respondent was appointed as a Probationary Officer of the Punjab and Sind Bank, the first appellant, on 8 October 1998 in Junior Management Grade Scale I. She was promoted to the post of Chief Manager in Scale IV. On 2 September 2011, the respondent was transferred to the Zonal Office at Mumbai. On 7 October 2011, she was transferred to the Branch Office at Indore. In September 2016, the first respondent was promoted to the post of Chief Manager in Scale IV. On 23 September 2016, the competent authority of the bank decided to continue her at the branch in Indore upon promotion. On 11 December 2017, the respondent was transferred from the Branch Office at Indore to the Branch Office at Sarsawa in the district of Jabalpur. Intimation of the transfer was furnished to her on 14 December 2017. On 31 January 2018, the respondent submitted a representation to the Zonal Manager, recording a reference to the circulars of the bank governing the posting of women officers. She made a request for being retained at I....
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.... on different occasion with different Govt. Departments for different tenders, which caused huge revenue loss to the bank. I submitted detailed report to ZM Bhopal vide my letter dated 31.12.2016 (serious irregularities -copy attached) and followed by many subsequent communications and discussions from time to time for taking necessary action and guidance. It was shocking to observe that ZO instead of taking necessary steps to rectify the irregularities or providing desired guidance and support to me, I was pressurized to keep the things under cover by various nets and communications which are on record. I had difficult road to travel as it is a well-established fact that I have never given up to corrupt practices. When I tried to fix these issues at branch level, first I was offered bribe, on my refusal, efforts were made to malign my image by raising many false complaints. I did my duties honestly unhindered by these events in safeguard the interest of the bank. I was regularly bringing this to the notice of my next higher authority Zonal Manager i.e. Mr. Pankaj Dwivedi he started harassing me personally as well as professionally. First he called me at late hour....
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....he Executive Director of the bank. The High Court has taken note of the fact that the respondent had drawn several irregularities to the notice of the higher authorities and the transfer was mala fide, as a reprisal to the action which had been initiated by the respondent and the allegations which she had levelled against the Zonal Manager. 9 Proceedings under Article 136 of the Constitution have been instituted before this Court by the bank as well as its General Manager, Zonal Manager and Deputy General Manager. The Zonal Manager against whom allegations have been levelled by the respondent has since been promoted as Deputy General Manager and is presently posted at the head office in New Delhi. The Special Leave Petition under Article 136 of the Constitution has also been filed on his behalf and he is represented as the fourth petitioner. 10 Assailing the judgment of the High Court, Mr Sudhir Chandra, learned senior counsel appearing on behalf of the appellants submitted that the postings of the respondent indicate that she has been in Indore for several years. This was sought to be buttressed by relying on a chart which is annexed to the proceedings and is extracted below....
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....r was issued by the Executive Director on the recommendation of three General Manager level officers and, as a consequence, it would be far-fetched to attribute the malafides which were urged against the Zonal Manager to the authority which had effected the transfer. Moreover, it was urged that the Internal Complaints Committee "ICC" of the bank had, upon enquiring into the allegations which were levelled by the respondent, found that there was no substance in those allegations in its report dated 26 February 2019. The bank has submitted that upon the receipt of the complaint of the respondent, the bank had carried out a vigilance and special audit. On these grounds, it was urged that the settled principle of restraint in matters of judicial review, where transfer is an exigency of service, must apply in the facts of this case. In this context, reliance was placed on the decisions of this Court in Bank of India v Jagjit Singh Mehta (1992) 1 SCC 306, State of UP v Gobardhan Lal (2004) 11 SCC 402 and Rajendra Singh v State of UP JT 2009 (10) SC 187. 13 Controverting these submissions, Mr Colin Gonsalves, learned senior counsel appearing on behalf of the respondent submitted that t....
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.... respondent would continue under the administrative control of the same Zonal Office. 16 Finally, it has been submitted that the bank has not apprised this Court fairly of the Office Memorandum of the Central Vigilance Commission in regard to rotation of officers in sensitive posts. Mr. Gonsalves submitted that the manner in which the order of transfer was effected close on the heels of the allegations of corruption levelled by the respondent would indicate a clear case of malafides. It was urged that the respondent who was a Scale IV officer, was posted to a Scale I level bank in the teeth of the Board Resolution dated 27 September 2017, approving the policy in regard to the classification of branches. It has been submitted that the list of branches indicates that the branch to which the respondent has been transferred is a rural branch at which Scale I officers are posted. The respondent was functioning as a Chief Manager in Indore at an "exceptionally large branch" (deposits of Rs 250 crores and above) being a Scale IV officer. In the circumstances, Mr Gonsalves submitted that the reason why the respondent is inclined to press ahead with these proceedings instead of accepting....
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....the following persons: (i) Ms Havinder Sachdev, GM (Presiding Officer) (ii) Ms Rashmita Kwatra, AGM (Member) (iii) Ms Abha Sharma, CM (Member) (iv) Mr Vimal Kumar Attrey, CM (Member & Convenor) (v) Ms Shountal Singh, SRM (Member) (vi) Ms Seema Gupta, Advocate (Independent Member) 19 The report of the ICC contains a reference to the objections which the respondent raised to the members at serial numbers (ii), (iv) and (vi) above. These objections were noted in the course of the report of the ICC dated 26 February 2019. The respondent drew the attention of the Presiding Officer of the ICC to the fact that Ms Rashmita Kwatra, AGM is the spouse of a retired General Manager, who was part of the process of the transfer of the respondent. As against Ms Seema Gupta, who was nominated as an independent member, the respondent noted that she was a panel advocate of the bank and was regularly contesting cases in court involving the bank. The respondent also raised an objection in regard to the presence of Mr Vimal Kumar Attrey as a member of the Committee. The report of the Committee contains a reference to the fact that following the ob....
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....not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation; (b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge: (c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment: Provided that at least one-half of the total Members so nominated shall be women." 22 Clause (c) of Section 4(2) indicates that one member of the ICC has to be drawn from amongst a non-governmental organization or association committed to the cause of women or a person familiar with issues relating to sexual harassment. The purpose of having such a member is to ensure the presence of an independent person who can aid, advise and assist the Committee. It obviates an institutional bias. During the course of hearing, we have received a confirmation from the learned senior counsel appearing on behalf of the bank that Ms Seema Gupta was, in fact, a panel lawyer of the bank ....