- (1.) Petitioner, who was clerk-cum-cashier in the Railway Road Branch, Bulandshahar of State Bank of India, was transferred from Bulandshahar to Kerana (Muzaffarnagar) Branch by orders dated 4.3.1991 and 5.3.1991, passed by the respondents 1 and 2 respectively. Against the aforesaid orders of transfer, the petitioner filed Writ Petition No. 8572 of 1991 before this Court, which was ultimately dismissed as withdrawn on 26.4.1991 by the following order : "Writ petition is dismissed as withdrawn as prayed by the petitioner. Interim order dated 26.3.1991 is vacated."
(2.) Petitioner's case is that he had withdrawn the aforesaid writ petition at the instance of the respondents, who had promised to consider the case of the petitioner sympathetically; but no action having been taken in the matter of petitioner's transfer by the respondents, he was left with no other alternative except to file second writ petition. The second writ petition was disposed of by this Court by the following order dated 14.5.1991 : "Petitioner seeks quashing of the transfer order dated 5.3.1991 (Annexure 5 to the petition). The writ petition is dismissed in limine as the Supreme Court has consistently taken the view that the transfer being an incidence of service, should not be interfered under Article 226 of the Constitution. Admittedly the petitioner has come on a second round. The earlier writ petition filed by him was withdrawn by his counsel. It is not open to the counsel for the petitioner now to reagitate the matter on the same grounds. However, the petitioner may make a representation to the higher authorities requesting that the transfer being contrary to the Circular or Policy of the Government, the matter may be reconsidered. If any such representation is made by the petitioner within a week from today, the same will be decided by the competent authority within two weeks from the date of the receipt of the representation. The petition is disposed of accordingly. A copy of this order may be given to the learned Counsel for the petitioner on payment of usual charges by tomorrow".
(3.) Petitioner thereafter filed representation against his transfer, which has been rejected by the Regional Manager, by his order dated 7.6.1991, a copy of which has been filed as Annexure XII to the writ petition. Petitioner has accordingly filed this writ petition, challenging the orders of his transfer dated 4.3.1991 and 5.3.1991 and the order dated 7.6.1991, rejecting his representation.;