It is correct that the transferable condition must be contained in the appointment letter and presume it while reverting. Here the question is little bit different. The person concerned is not challenging the transfer orders but avoiding its implementation initially on medical grounds and now requesting for demotion and insisting for same location.
In this case it is the sole discretion of the management either to oblige him with accepting his request or direct him to join the new location. If he fails to join the new location, then definitely it is a misconduct and appropriate disciplinary action can be initiated. Even when he was filing the medical certificates, the management could have challenged by summoning all and complete documents relating to his treatment.
P K Sharma
It would be fair and legal to stick on transfer decision . There is one lapse on management part which needs to be recapped without delay.Company if has its own medical officer fine or else fix up with outside qualified Doctor for this person , call him by a letter to appear before doctor for medical examination. There is no doubt about his intention of being absent on grounds of fake medical certificates. Get this fully established and then issue him chargesheet, conduct domestic enquiry and terminate services. Such employees should not be transferred , as matter is a gross negligence of office order, long absenteeism on grounds of illness and submitted fake certificates and thereby work is suffering at transferred location.
Let the employee's service be transferred to the new place. If he remains absent in the new place, warm him about his absence from new place, then subsequently you can issue charge sheet and conduct an enquiry in the new place. If you can prove unauthorised absenteeism, then surely you can take necessary action i.e. termination. Please note that after the date of transfer, he should be treated as an employee of the new place and communications should be done from that place as far as possible.
You can follow this steps, provided that he has exhausted all his due leaves and his medical conditions are duly considered.
2. Whether the transfer is in normal process at the current location ?
3. No. of employee transfer earlier.
4. Whether the transfer as a punishment or in regular process?
5. Ask him to submit the medical prescription and diagnosis , test report etc.and after consultation of the company's doctor constitute a Board and fix a date to present before the board.
6. After all documentation you must issue a letter to explain about the illness ,refused to join on new location etc.
7. On completion of all the documentation you may issue charge sheet and fix a domestic inquiry for the charges leveled against employee.