PUNJAB AND SIND BANK AND ORS. versus MRS. DURGESH KUWAR

PUNJAB AND SIND BANK AND ORS. versus MRS. DURGESH KUWAR

The transfer of the respondent was quashed because it was vitiated by malafides and victimization arising from her having reported serious irregularities and alleged sexual harassment; additionally there was a fundamental defect in the constitution of the bank's ICC because the nominated 'independent' member was a panel lawyer of the bank, contrary to the purpose of s.4(2)(c) of the 2013 Act; accordingly the High Court's order was affirmed and the respondent was directed to be reposted at Indore as a Scale IV officer for one year with costs.

Parties
Appellant: Punjab and Sind Bank; Respondent: Mrs. Durgesh Kuwar; Fourth Appellant: Pankaj Dwivedi
Jurisdiction
India
Judgment Date
25 February 2020
Procedural Posture
Civil Appeal / Disposed
Outcome
Appeal dismissed; High Court judgment quashing the transfer affirmed
Legal Topics
Transfer of Public Sector Employee, Judicial Review of Transfer, Internal Complaints Committee (icc) Constitution Under Sexual Harassment Act, Victimization and Malafide Transfer, Remedies Including Reposting and Costs
Service Law Banking Service Sexual Harassment Constitutional Law Transfer of Public Sector Employee Judicial Review of Transfer Internal Complaints Committee (icc) Constitution Under Sexual Harassment Act Victimization and Malafide Transfer +1 more

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Parties

Punjab and Sind Bank

Appellant

Mrs. Durgesh Kuwar

Respondent

Pankaj Dwivedi

Fourth Appellant

Procedural Posture

Civil Appeal / Disposed

Legal Issues

  1. 1 Whether the order of transfer was mala fide and subject to judicial interference
  2. 2 Whether the Internal Complaints Committee (ICC) was validly constituted in accordance with s.4(2)(c) of the Sexual Harassment of Women at Workplace Act, 2013
  3. 3 Whether the respondent was victimized for having reported irregularities and entitled to relief including reposting and costs

Ratio Decidendi

The transfer of the respondent was quashed because it was vitiated by malafides and victimization arising from her having reported serious irregularities and alleged sexual harassment; additionally there was a fundamental defect in the constitution of the bank's ICC because the nominated 'independent' member was a panel lawyer of the bank, contrary to the purpose of s.4(2)(c) of the 2013 Act; accordingly the High Court's order was affirmed and the respondent was directed to be reposted at Indore as a Scale IV officer for one year with costs.

Court Disposition

Appeal dismissed; High Court judgment quashing the transfer affirmed

Orders

  • Respondent to be reposted at the Indore branch as a Scale IV officer for a period of one year from the date of this judgment
  • Upon expiry of one year the bank is free to take appropriate decisions regarding her posting in accordance with relevant rules and regulations and administrative exigencies