Bombay HC quashes transfer of suspended EPFO employee to Indore

The EPFO office at Kandivli on August 23, 2022. . Representation pic/Nimesh Dave

A division bench of the Bombay High Court recently set aside the transfer order of a class-3 Central government employee (the petitioner) under suspension. She is facing disciplinary departmental proceedings in Mumbai.

However, the petitioner, an employee of the Employees' Provident Fund Office (EPFO) was suddenly transferred to Regional Office, Indore, which was challenged in the high court after the Central Administrative Tribunal (CAT) upheld the transfer order. The HC quashed and set aside the transfer on the ground that an employee under suspension can't be transferred.

Rajeshwar Panchal, advocate

"I am happy with the high court order," the petitioner said, requesting anonymity, as being a government employee, she is not allowed to speak to media and also being under suspension, pending inquiry, she did not want to break the disciplinary rules.

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Case background

According to advocate Rajeshwar Panchal, "The petitioner was appointed as lower division clerk in the Regional Office (EPF), Bandra East in October 1995. In 2008, the petitioner cleared the departmental exam for promotion to the post of section supervisor and was appointed as section supervisor (ad hoc) in April 2011."

"In 2018, the petitioner was posted at the Regional Office, Kandivli East and entrusted with the charge of account group 152, and two years later, she was entrusted with an additional charge of section supervisor of account group 154, in the absence of the regular section supervisor," he said.

"During this period, a colleague from group 154, allegedly committed fraud without the petitioner's knowledge, using questionable expertise, he managed to steal the petitioner's user ID and password and allegedly verified certain PF claims, which he was not authorised to do. On July 27, 2021, when the alleged fraud came to light. The employee in question made a written confession and admitted his exclusive role of having committed the alleged fraud and that he had not only used the petitioner's login but also the login of other section supervisors," Panchal added.

"The petitioner was placed under suspension vide order dated February 22, 2022. And as her computer user id and password were misused, my client was also placed under suspension, and subjected to a departmental inquiry, which is still underway. The petitioner received the charge sheet and thereafter, the departmental enquiry commenced on April 26, 2022. And on July 15, 2022, the petitioner received an order dated July 12, transferring her to Regional Office, Indore. The petitioner approached the Central Administrative Tribunal (CAT), challenging this transfer," the advocate said.

CAT upheld transfer

According to Panchal, the matter was heard by CAT on October 19. "However, in its order dated November 9, the CAT, pronounced the impugned order and dismissed the plea made by the petitioner. The CAT upheld the transfer order. We had to move the high court, as CAT had not given proper reasoning for the rejection of our plea, and this was one of the contentions stated in our writ filed before the Bombay High Court," he said.

HC observation
A division bench of Bombay High Court, headed by Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne, in a two-page order, observed that it is not disputed by the parties that the petitioner is under suspension and while under suspension, she is transferred.

The order reads, "It is not the case that only the headquarters is changed but the transfer is effectuated. Upon being asked, the learned counsel for the respondents could not show us any provision under which a suspended employee can be transferred."

The impugned order was then quashed and set aside.

Oct 19
Day in 2022 when CAT heard the matter