Bench stayed a banking officer order of transfer by competent authority order for four weeks until Second Appellate Court expeditiously discovered during cancellation of order
Order of transfer stayed for four weeks.
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THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY and THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY
WRIT APPEAL No.1102 of 2014
JUDGMENT: (per the Hon’ble Sri Justice L.Narasimha Reddy)
This writ appeal is filed by the petitioner in W.P.No.17234 of 2014 feeling aggrieved by the granting of time in the WPMP, by learned Single Judge.
The appellant is working as Manager in the Head Office of Andhra Pragathi Grameena Bank. Through Memorandum, dated 19.05.2014, issued by the Chief Manager – third respondent herein, the appellant was transferred to Perur Branch of Anantapur Region. Stating inter alia that the second respondent - Chairman alone is competent to transfer the officers, the appellant challenged the order of transfer dated 19.05.2014. WPMP was filed for interim order. On a request made by the learned Standing Counsel for the respondents, the matter is said to have been adjourned, without passing any interim order.
Heard the learned counsel for the appellant and the learned Standing Counsel for the respondents.
The appellant raised an important ground touching on the very jurisdiction of the officer who passed the order of transfer. The question as to whether the order of transfer was passed by the competent authority in accordance with the rules needs to be verified. If the appellant is compelled to join at the other place, even while the W.P.M.P is pending, several complications would arise.
We, therefore, dispose of the Writ Appeal directing that the order of transfer shall remain stayed for a period of four weeks and we request the learned Single Judge to take up the W.P.M.P and dispose
of the same expeditiously, preferably, within four weeks. There shall be no order as to costs.
The Miscellaneous Petitions filed in this Writ Appeal shall stand disposed of.
L.NARASIMHA REDDY, J
Date: 11.08.2014 T.SUNIL CHOWDARY, J
va
1 issue framed by the court
Whether an order of transfer by a potentially incompetent authority should remain stayed during pending writ proceedings.
Petitioner/Appellant
Respondents
L. NARASIMHA REDDY
T.SUNIL CHOWDARY
As recorded by the court registry
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