DURGESH KUWAR Vs. UNION OF INDIA
LAWS(MPH)-2021-8-51
HIGH COURT OF MADHYA PRADESH
Decided on August 03,2021

Durgesh Kuwar Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

MARKIO TADO VS. TAKAM SORANG [REFERRED TO]


JUDGEMENT

Subodh Abhyankar, J. - (1.)Heard finally with the consent of the parties.
This writ petition has been filed under Article 226 of the Constitution of India by the petitioner Ms. Durgesh Kuwar who happens to be the Chief Manager in Punjab and Sind Bank, P.Y. Road, Indore against the order dated 01/06/2021 passed in notification No.7/2021 by the respondent No.3, General Manager, Punjab and Sind Bank, Human Resources Development Department, Head Office, New Delhi whereby the petitioner has been transferred on the same post from Indore to Mumbai, Vikhroli Branch.

(2.)Admittedly, this is the second round of litigation, as on earlier occasion also when the petitioner was transferred from Indore to Sarsawan, District Jabalpur on 05/12/2017, the petitioner assailed the aforesaid order in WP No.9048/2018 and this Court vide its order dated 11/02/2019 allowed the petition holding that the transfer of the petitioner who has lodged a complaint against her co-employee of sexual harassment, is done with mala fide intention without any justifiable cause and that too on a post lower than the post which the petitioner was holding.
(3.)Shri A.M. Mathur, learned senior counsel with Shri Abhinav Dhanodkar, learned counsel appearing for the petitioner has submitted that the aforesaid order dated 11.02.019, passed by the single Bench was assailed by the respondent in WA No.377/2019 which also came to be dismissed vide order dated 18/03/2019 upholding the order passed by the Single Judge and subsequently when the order passed by the Division Bench was assailed before the Supreme Court, the Supreme Court vide a detailed order dated 25/02/2020 has also dismissed the Civil Appeal No.1809/2020.


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