The EPFO transferred the employee to Indore, but the Bombay HC suspend her
The court also stated that there is no provision that allows an employee who is on suspension to be transferred. As a result, the transfer order was declared null and void by the high court.
The EPFO transferred the employee to Indore, but the Bombay HC suspend her
The division bench of the Bombay High Court recently overturned the suspension of a class-3 central government employee (who filed the petition) who had been transferred to another location. The petitioner is currently being investigated for disciplinary departmental proceedings in Mumbai.
In April 2011, the lower division clerk at the Regional Office (EPF) in Bandra East was later promoted to section supervisor (ad hoc). In the absence of the regular section supervisor, she was given the additional responsibility of section supervisor of account group 154.
During this time, a coworker is accused of fraudulently using the petitioner’s login credentials without her knowledge. Later, the petitioner was suspended and subjected to a departmental investigation. She was also transferred to the Regional Office in Indore, which she later challenged.
According to Panchal, the CAT dismissed the petitioner’s appeal of the transfer order but did not provide adequate reasoning for its decision. The petitioner then filed an appeal with the Bombay High Court. According to the high court, all parties have admitted that the petitioner is suspended and was transferred while suspended.
The court also stated that there is no provision that allows an employee who is on suspension to be transferred. As a result, the transfer order was declared null and void by the high court.
The employee is employed by the Employees’ Provident Fund Office (EPFO) and was unexpectedly transferred to the Indore regional office. After the Central Administrative Tribunal (CAT) supported it, the transfer order was challenged in the high court. The transfer was declared null and void by the high court, citing the fact that an employee who is suspended cannot be transferred.
The petitioner expressed satisfaction with the high court’s decision, but asked to remain anonymous because he is a government employee and thus cannot speak to the media. Furthermore, because the petitioner is currently suspended and under investigation, she did not want to violate any disciplinary regulations.
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