The Himachal Pradesh High Court stepped in to stop a bank employee’s transfer because he was thought to be part of the Rashtriya Swayamsevak Sangh (RSS).
Observation by the Court: During the first look at the case, the division bench, with Chief Justice M S Ramachandra Rao and Justice Jyotsna Rewal Dua, noticed that the employee was transferred just because of his RSS membership. They thought this transfer seemed unfair, breaking laws, including Article 14 of the Constitution.
Background of the Employee: Suresh Kumar Jaswal worked as a senior manager at the HP State Co-operative Bank in Bilaspur since July 2, 2021. His problem was with an order from August 31, 2023, moving him to the district office Rohru. He disagreed with this and took the matter to the high court.
Rejection by Single Bench: Initially, the single bench of the High Court rejected Jaswal’s plea.
Reasons for Transfer According to the Applicant: Jaswal argued that his transfer was based on a request from Sushil Kumar Sharma, a government nominee-nonofficial on the bank’s board. Sharma believed it was necessary because Jaswal was active in the RSS.
Applicant’s Request: Jaswal asked the court to let him keep working as a senior manager in Bilaspur, like he did before the transfer order.
Judgment by Justice B C Negi: On January 9, Justice B C Negi noted that the transfer order on August 31, 2023, was signed by the managing director following the rules set by the HP State Co-operative Bank.
Basis of the Decision: The single bench explained that Rule 9 (j) of The Himachal Pradesh Co-operative Societies Rules, 1971, allowed the society to make rules. Justice Negi clarified that in transferring Jaswal, no laws from the HP State Co-operative Act or its rules were broken.
Challenge to Orders and Division Bench Decision: Jaswal challenged these decisions, and the division bench found his petition valid. They put a stop to the transfer orders.
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