Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Banking Service Order of transfer Service LaW |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Sexual Harassment of Women At Workplace (prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law – Banking Service – Order of transfer – Judicial review of – Respondent, Chief Manager in Scale IV at Indore Branch of the first appellant-Bank was transferred to Branch Office at Sarsawa, Jabalpur – Submitted representation to Zonal Manager for being retained at Indore – Had earlier pointed out irregularities w.r.t accounts of liquor contractors – Also made sexual harassment allegations against the Zonal Manager – Single Judge quashed the order of transfer – Affirmed by Division Bench – Held: Transfer is an exigency of service – Unless an order of transfer is established to be malafide or contrary to statutory provision or has been issued by an authority not competent to order transfer, the Court in exercise of judicial review would not be inclined to interfere – In the present case, respondent wrote repeated communications to authorities drawing their attention to serious irregularities in the course of maintenance of accounts of liquor contractors and levelled specific allegations of corruption – Admittedly, the branch to which the respondent was posted was not commensurate to her position as a Scale IV officer – Respondent was victimized – Order of transfer was an act of unfair treatment vitiated by malafides – Decision of High Court is affirmed – Respondent be reposted at the Indore branch as a Scale IV officer for one year from today – Upon the expiry of said period, if any administrative exigency arises the competent authority is at liberty to take appropriate decision w.r.t her place of posting independently in accordance with relevant rules and regulations of the bank, in the interest of fair treatment to the officer – Respondent be paid costs of Rs.50,000 /- within one month – Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – ss.3, 4 and 6 – Constitution of India – Arts.14, 15 and 21. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – s.4(2)(c) – Respondent, Chief Manager in Scale IV at Indore Branch of the first appellant-Bank was transferred to Branch Office at Sarsawa, Jabalpur – She had inter alia made sexual harassment allegations against the Zonal Manager – Constitution of Internal Complaints Committee (ICC) objected by the respondent – Held: 2013 Act was enacted to provide protection against sexual harassment of women at the workplace as well as for the prevention and redressal of complaints of sexual harassment – Sexual harassment at workplace is an affront to the fundamental rights of a woman to equality u/Arts.14 & 15 and her right to live with dignity u/Art. 21 as well as her right to practice any profession or to carry on any occupation, trade or business– Clause (c) of s.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– Purpose thereof is to ensure the presence of an independent person who can aid, advise & assist the Committee – It obviates an institutional bias – In the present case, such member was a panel lawyer of the bank at the material time – No justification on the part of the bank not to accede to the request of the respondent for replacing that person with a truly independent third party having regard to the provisions of s.4(2)(c) – There was a fundamental defect in the constitution of the ICC set up by the bank – Constitution of India – Arts.14, 15 and 21 – Service Law – Banking Service. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 225 |
Petitioner | Punjab And Sind Bank And Ors. |
Respondent | Mrs. Durgesh Kuwar |
SCR | [2020] 4 S.C.R. 207 |
Judgement Date | 2020-02-25 |
Case Number | 1809 |
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