I.A. Ansari, J. - (1.) Heard Mr. N. Dutta, learned senior counsel for the petitioner, and Mr. D.R. Gogoi, learned counsel, appearing on behalf of the respondent Nos. 1, 2, 3 and 4. Also heard Mr. K.N. Choudhury, learned senior counsel, as amicus curiae, and Mrs. V.L. Singh, learned Government Advocate, appearing on behalf of the respondent No. 5.
(2.) By making this application under Article 226 of the Constitution of India, the petitioner, while working as Branch Manager(i/c) of the Assam State Co -operative Agricultural and Rural Development Bank Ltd. (hereinafter referred to as "the said Co -operative Bank"), Pragjyotishpur Branch, Khetri, approached this Court seeking issuance of appropriate writ or writs commanding the respondents not to give effect to the order, dated 10.10.1994, issued by respondent No. 2, namely, the Chief Executive Director of the said Co -operative Bank, whereby the petitioner was transferred to Guwahati Branch of the said Cooperative Bank as Supervising Officer.
(3.) The case of the petitioner, as presented before this Court, may, in brief, be set out as follows: (i) After the petitioner already stood qualified for being appointed as a Branch Manager of the said Co -operative, the petitioner was, vide order, dated 9.10.1990, issued by the respondent No. 2 of the said Co -operative Bank, posted as Secretary to the Chief Executive Director of the said Co -operative and, on being so appointed, the petitioner joined her new assignment on 12.10.1990. Thereafter, the petitioner was transferred, on 13.10.1990, Kaliabor Branch of the said Co -operative Bank as Assistant Manager. The petitioner, accordingly, took the charge of her new assignment at her new place of posting. The petitioner was, once again, transferred, vide order, dated 9.5.1991, and posted as Supervising Officer at Nagaon office of the said Co -operative Bank. While the petitioner was officiating as Supervising officer at Nagaon office, an order was passed by the respondent No. 2, on 6.8.1991, reverting the petitioner to the post of Senior Assistant. Aggrieved by this order, dated 6.8.1991, the petitioner came before this Court in Civil Rule No. 4311 of 1991 and, while issuing Rule on 6.8.1991, the Court stayed the operation of the impugned order, dated 6.8.1991 aforementioned. On the basis of the assurance given by the said Co -operative Bank, the petitioner withdrew the said writ petition and the same was accordingly disposed of by order, dated 20.7.1992, whereupon the petitioner was transferred, vide order, dated 28.8.1993, to Dimoria Branch of the said Cooperative Bank. (ii) While serving as Branch Manager (i/c) of the said Co -operative Bank at Dimoria, the petitioner came before this Court in yet another writ petition being Civil Rule No. 887 of 1994, for, she was sexually harassed by her superior authority and that her transfer was at the behest of the respondent No. 3, who had made sexual advances towards the petitioner and the petitioner had filed, in this regard, a complaint before the competent authority. As a punitive measure, the petitioner was, thus, transferred more than once and, eventually, she was posted vide order, dated 18.5.1994, to a place as far as 700 kilometres away from the place, where she was working. The order, dated 18.5.1994 aforementioned, was stayed by an order passed, on 1.6.1994, in Civil Rule No. 887/1994. The Civil Rule No. 887/1997 was disposed of with the consent of the parties on the following terms: (i) The order of transfer, dated 18.5.1994, pertaining to the petitioner shall be withdrawn. (ii) The petitioner shall submit a representation to the Chairman of the Agriculture and Rural Development Bank Ltd. within choice of posting on transfer from Pragjyotishpur. (iii) On such representation the Chairman shall pass favourable orders within one month from the date of receipt of the representation. Till then, the petitioner's service shall not be disturbed." (iii) After disposal of the Civil Rule No. 887 of 1994 aforementioned, the petitioner was, once again, posted vide order, dated 10.10.1994, as Supervising Officer at the Head Office of the said Co -operative Bank at Gawahati. It is this order, which stands impugned in the present writ petition. The petitioner alleged that the order, posting her as Supervising Officer, was mala fide and illegal and it would, if allowed to stand good on record, cause reduction in her rank and status, the petitioner's principal grievance being that she was being victimised for standing against the attempts for sexual exploitation made by the respondent No. 3 aforementioned.;