Employer not wrong to ask employee to join posting immediately: Calcutta HC

If an employee is transferred by the employer in accordance with the company’s transfer policy, it cannot be treated as criminal intimidation under Section 506 of the Indian Penal Code (IPC). After all, the transfer is not causing harm to anyone or putting anyone to risk.


According to the Calcutta High Court, no employer can be accused of criminal intimidation or conspiracy for simply asking an employee to join a new posting immediately, as per the transfer policy.

This observation was made by Justice Ajoy Kumar Mukherjee following which the case against a human resources manager of IDBI Bank was nullified. The said HR manager had been accused by an assistant manager of IDBI of getting together with other officers of the bank and hatching a plot to tarnish the latter’s character, and get him transferred to Tripura, from Birbhum,West Bengal. Following this allegation, the said HR manager and other officers named were charged with criminal conspiracy and criminal intimidation.

The HR manager then appeal to the High Court to have the charges nullified. He brought to the notice of the High Court that the assistant manager in question had earlier been accused by a female co-worker of sexual harassment. When she complained to the management, the assistant manager was transferred to Tripura.

It was also brought to the attention of the HC that it was a normal practice to transfer officers who had served for over five years in one station to another. The assistant manager in this case had already served in Birbhum for six years. Therefore, the transfer wasn’t out of turn as per the Bank’s transfer policy.

The Court also reprimanded the magistrate who entertained the criminal complaint without verifying the same. It was emphasised that it was the magistrate’s duty to get to the truth of the allegation before issuing a summons.

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