Calcutta High Court
Sanjoy Biswas vs Sri K. Satyanarayana Raju And Ors on 11 April, 2025
OD-4
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Special Civil Jurisdiction
ORIGINAL SIDE
CC/16/2025
SANJOY BISWAS
-VS-
SRI K. SATYANARAYANA RAJU AND ORS.
BEFORE:
The Hon'ble JUSTICE SUBHENDU SAMANTA
Date: 11th April, 2025.
APPEARANCE:
Mr. Jayanta Narayan Chatterjee, Sr. Adv.
Mr. Sirsendu Sinha Roy, Adv.
Mr. Supreem Naskar, Adv.
Ms. Pritha Sinha, Adv.
Mr. Bhaskar Mondal, Adv.
...for the petitioner
Ms. Aparajita Rao, Adv.
Ms. Nabanita Dutta, Adv.
..for the alleged contemnor.
The Court:- Instant contempt application was filed for alleged deliberate
violation of the respondent authority for not following the order of this Court
dated 28th June, 2024.
Mr. Jayanta Narayan Chatterjee, learned Senior Counsel appearing on
behalf of the petitioner submits that this Court at the time of passing of the
order has considered the prayer of the petitioner and directed the bank
authority to transfer the petitioner from Bhubaneswar to home State. It is
further contention of Mr. Chatterjee that the order was passed considering the
physical ailment of the petitioner and this Court has also considered the policy
of “Request Transfer” formulated by the bank.
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Mr. Chatterjee further argued that after passing of the order, the present
petitioner was transferred from state of Odisha to the State of West Bengal but
he was posted in the remote place of district Murshidabad. Sometimes he was
posted in Berhampore, thereafter within three months he was transferred
thrice.
It is the further contention of the petitioner that considering the present
physical condition of the petitioner, the petitioner had to prefer an application
before this Court for contemptuous act of the bank authority. He submits that
the bank authority has not followed the direction of this Court in its true letter
and spirit but only transferred the petitioner from the state of Odisha to the
state of West Bengal.
Mr. Chatterjee, specifically argued that the petitioner was posed in
remote village of district Murshidabad from where his medical treatment could
not be possible. At this specific physical condition, he may be posted nearby to
the district of Kolkata or nearby to his home station so that, his treatment may
be done properly.
It is the utter request of Mr. Chatterjee that the petitioner’s
representation dated 23rd September, 2024 was not considered so he may be
transferred to a place wherefrom his treatment may be done.
Learned counsel appearing on behalf of the bank authority has placed
the compliance report on affidavit. They have specifically stated that after
passing the order of this Court, he was immediately transferred to Umrapur
Branch, Behrampur Regional Office under Kolkata Circle Office; thereafter he
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was again transferred to the Behrampur Regional Office, wherein he could not
sustain the workload and made several representations before the authority.
Accordingly, he was again posted to one place, namely, Jahangirpur
under the same region where workload is less. It is further contention of the
bank authority that near Jahangirpur there is a multi specialty hospital
wherein the treatment of the petitioner can be done.
It is a fair contention of the learned Counsel of the bank authority that
bank authority has complied with the order of this Court in its true letter and
spirit so the contempt application is liable to be dismissed.
Having heard the learned Counsel for the parties and in considering the
impugned order, application for contempt, as well as the report or compliance
on affidavit by the bank authority, it appears that this Court has passed the
order in favour of the petitioner so that he may be transferred from the State of
Odisha to the State of West Bengal.
At the time of passing the order this Court has observed the physical
condition and the sufferings of the petitioner due to different ailments. It
further appears that this Court has specifically directed the bank authority to
manage the hurdles of administrative requirements and exigencies. It is true
that this Court cannot overview the hurdles of the bank authority and their
administrative requirements. It is the sole domain of the bank authority where
they shall appoint/transfer the officers to perform their bank business. It
appears that the petitioner is a Manager of the bank, having more
responsibilities, rather than the other officers. At this juncture, it appears
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from the compliance report that the order of this Court has been complied with
by the bank authority by transferring him from the State of Odisha to the State
of West Bengal.
However the bank authority should have considered the case of the
petitioner sympathetically but from the affidavit of compliance it appears that
the bank authority had to transfer the petitioner in the Behrampore region,
Kolkata Circle for the administrative requirement.
I make it clear that this Court is not passing any order in respect of
specific direction to the bank authority to transfer the petitioner in or within
the vicinity of Kolkata but I am only passing an order to the authority so that
the case of the petitioner may be considered sympathetically. In this case, it
appears that petitioner has made a representation to the bank authority on
23rd July, 2024 as well as 22nd November, 2024 which were not considered.
I direct the respondent authority to dispose of those representations
under sympathetic ground and transfer the petitioner in a place wherefrom
required treatment can be done.
Under the above observations, the instant application being CC/16/2025
is disposed of.
(SUBHENDU SAMANTA, J.)
DB