Transfer order cannot be treated as a punishment : SC12 September 2022
Gulam Rabbani :
In the full text of a verdict the Appellate Division of the Supreme Court has ruled that transfer order is an administrative order which cannot be challenged and cannot be treated as a punishment.
A three-member bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique delivered the verdict after hearing a leave to appeal petition filed by the Agrani Bank against a judgement passed by the Administrative Appellate Tribunal in Dhaka.
The apex court said, "There is no scope to hold the said order of transfer as a punishment. It is an Administrative order which cannot be challenged and cannot be treated as a punishment."
According to the judgement, a departmental proceeding was drawn against Md Hanif Sheikh while he was working as an officer (cash) at Agrani Bank, Jhenaidah District Branch, on the allegations that he received an amount of money from three persons on the false promise of giving a job and managing two employees' transfer. Though the three persons who made complaints subsequently had withdrawn their complaints in writing, but Deputy General Manager, Agrani Bank, by his order dated April 29 in 2014 imposed the penalty of withholding of increment for three years to Hanif.
Besides, another penalty imposed in the form of 'Transfer' though 'Agrani Bank Karmochari Chakuri Probidhamala' does not recommend the same.
Against the said penalty Hanif Sheikh preferred departmental appeal to the Board of Directors. Accordingly the Board of Directors on October 9 in 2014 reduced the penalty of withholding of three increments to one increment and gave approval regarding penalty of 'Transfer'.
Challenging the legality and propriety of the orders dated April 29 in 2014 and October 9 in 2014 Hanif Sheikh filed a case with the Administrative Tribunal-1 in Dhaka.
The Tribunal after hearing disallowed the case by a judgment on September 15 in 2015.
In the findings the tribunal said the allegations brought against the respondent were serious and grave in nature but the penalty imposed upon him by the order dated April 29 in 2014 was a minor, and the appellate authority reduced the penalty of withholding of three annual increments to one showing sufficient leniency for which nothing found to interfere therewith.
Being aggrieved by the judgment of the Administrative Tribunal, Hanif Sheikh preferred appeal with the Administrative Appellate Tribunal. The Appellate Tribunal after hearing the appeal allowed the same and set aside the judgment and order passed by the Tribunal.
Feeling aggrieved by the judgment of the Administrative Appellate Tribunal the Agrani Bank filed a civil petition for leave to appeal with the apex court of the country. After hearing on the leave to appeal petition the apex court delivered its verdict on July 31 in 2022. And full text of the verdict has been released recently on the SC website.