KISHORE JETHA SOMAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Affidavit of service is filed. Learned Senior Advocate appearing for the Respondent Nos. 2 and 3 waives service. Rule is made returnable forthwith, taken up for final disposal by consent.

(2.) By this Petition under Article 226 of the Constitution of India, the Petitioner is seeking to quash and set aside the impugned termination order dtd. 28/8/2017 issued by the Respondent No. 2 (Chief General Manager in-charge of HRM Department, Reserve Bank of India - Respondent No. 3) and is further seeking directions to the Respondent No. 3 - Reserve Bank of India (RBI) to reinstate the Petitioner in the service in the same designation as he was serving on the date of termination and further seeking directions to pay full arrears of salary and other benefits till re-instatement. CASE

(3.) The Petitioner applied to RBI for the post of Officer Grade-B (Direct Recruit) disclosing that he is a person with physical disability and also that he belonged to Hindu Thakur Scheduled Tribe (ST). Under letter dtd. 28/1/2014, the Petitioner was called for interview. Before the interview, on 10/4/2014, the concerned Caste/Tribe Scrutiny Committee invalidated the Petitioner's caste certificate and confiscated the same. On 22/4/2014, the Petitioner visited the office of the Respondent No. 3 for interview. According to the Petitioner, he informed the concerned officer of the RBI regarding cancellation of the cast certificate. But this is a contentious issue. On 29/5/2014, the Petitioner received an 'offer of appointment' letter and on 2/6/2014 the Petitioner accepted the offer by sending acceptance letter. On 19/6/2014, RBI issued recruitment letter asking him to report at Chennai for induction training. On 6/8/2014, the Petitioner received an email from the Respondent No. 3 asking him to submit his caste/tribe certificate and validity certificate. On 7/3/2017, a show cause notice was issued to the Petitioner asking him why his services should not be terminated on account of invalidation of caste claim by the Scrutiny Committee. The Petitioner addressed a detailed reply dtd. 24/3/2017 to the show cause notice. On 28/8/2017, the impugned termination order was passed. After the impugned order, the Petitioner's father addressed a letter dtd. 20/12/2017 to the Governor requesting him to look into the Petitioner's termination contending that it is on incorrect grounds. On 1/1/2018, the Respondent No. 3 -RBI replied confirming its decision of termination. It is in these circumstances that the Petitioner has approached this Court.