Quoting Gibran, Orissa HC judges bin woman’s plea against dismissal from bank job

Cuttack: Orissa high court invoked poet Khalil Gibran on dignity of work and dismissed a former bank officer’s appeal against removal for unauthorised absence, underscoring duty to comply with transfer orders and narrow scope for judicial review in disciplinary matters.

Opening proceedings with the words of the Lebanese-American poet — “You work that you may keep pace with the earth and the soul of the earth… And if you cannot work with love but only with distaste, it is better that you should leave your work…” — a division bench of Justice Krishna S Dixit and Justice Chittaranjan Dash said employees in public service are expected to comply with transfer orders, warning that defiance would disrupt banking operations.

The appellant joined a nationalised bank as junior manager in 2011. She had served in Bhubaneswar throughout her career before being transferred to Godhra, Gujarat, in June 2019. However, she did not report for duty at her new place of posting and remained absent for a long period, leading to disciplinary proceedings and eventual removal. A single judge had earlier rejected her plea against termination in Sept 2024.

Challenging the order, the woman argued she was compelled to stay back to care for her aged and ailing parents. She also alleged that the inquiry was rushed and violated principles of natural justice, and that removal was a disproportionate penalty, given that the job was her only livelihood.

The HC, however, found no merit in these claims. In the April 21 judgment, the bench noted that the inquiry was conducted with her participation and recorded, “merely saying that opportunity was not given would not suffice in the absence of demonstrable prejudice.”

In a sharp observation, the judges said the plea of violation of principles of natural justice cannot be chanted like vedic mantra. “It does not demonstrate substance, but generates senseless sound,” the court said.

The bench further pointed to the omission of key facts, that she has a brother and sister who could have assisted in caring for their parents. This omission, the HC held, amounted to suppression of material facts, weakening her case.

Finding no exceptional circumstance warranting interference, the bench concluded the appeal was “devoid of merit” and dismissed it.

It added that employees in public service are expected to join the places to which they are transferred in due course. “It hardly needs to be stated as to what all difficulties the public service of banking would suffer when employees defy transfer orders with intent to cling on to the same place,” the court observed.
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