PRAKASH SHIVDAS SONAVANE Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) By the present Petition under Article 226 of the Constitution of India, the Petitioner challenges the communication dtd. 20/7/2015 ( "the impugned communication "), whereby the Respondent rejected the Petitioner 's application under Regulation 46(4) of the Reserve Bank of India (Staff) Regulations, 1948 ( "the Regulations ") seeking reinstatement in service together with arrears of salary and consequential benefits.

(2.) The Petitioner was initially appointed as a part-time Machine Operator in the National Clearing Cell of the Respondent on 23/4/1987 and was subsequently appointed as a full-time employee on 21/12/1992. During the course of his employment, allegations arose that the Petitioner, in collusion with certain other employees, had entered into a criminal conspiracy to tamper with cheques presented through the National Clearing Cell and thereby defraud various banks.

(3.) Consequent upon the discovery of the alleged fraud, the Respondent lodged a complaint with the Central Bureau of Investigation ( "CBI "), pursuant to which an FIR also came to be registered for offences punishable under Ss. 120-B, 420 and 409 of the Indian Penal Code, 1860 and Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988. Upon completion of the investigation, the CBI filed a chargesheet before the Special Judge, CBI, Bombay, whereupon Special Case No. 78 of 1995 came to be registered.