Transfer stopped for being a member of RSS
Shimla. The State High Court has put a stay on the transfer orders made on the allegation of being a member of RSS. A division bench of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua, during the preliminary hearing of the case, observed that the applicant Suresh Kumar Jaswal was transferred only because he is a member of the RSS.
The court termed it prima facie arbitrary, illegal and a violation of the right to equality given by the Constitution. According to the case, the Managing Director of HP State Co-operative Bank had issued transfer orders of Senior Manager Suresh Kumar Jaswal posted in the Bilaspur district office of the bank.
These orders were challenged by the applicant before the High Court. The single bench of the High Court had rejected the applicant’s petition on merits. The single bench also said that the transfer order of the applicant has been issued under the service rules of the bank and the service rules of the bank have no legal force.
The single bench said that the Managing Director has not violated the HP State Co-operative Act or the rules made under it, hence the petition is not maintainable. The applicant has challenged these orders before the division bench through appeal. The division bench of the High Court, prima facie finding the bank within the definition of a state under the Constitution, found the petition maintainable and stayed the transfer orders of the applicant.
