KAPIL ASHOK NUGURWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, heard finally.

(2.) The petitioner, appearing in-person, has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking, in substance, twofold reliefs. First, a writ or direction to the Union of India, through the Department of Financial Services, to restrain all public sector banks, including IDBI Bank, from incorporating any clause in future recruitment advertisements disqualifying candidates on the ground of past misconduct or disciplinary punishment. Second, a direction to Respondent No. 2 to consider the petitioner's candidature pursuant to Advertisement No. 5 of 2023 and to issue consequential orders with retrospective effect. The challenge is premised on the assertion that the petitioner's candidature was arbitrarily rejected solely on account of his earlier removal from service in Maharashtra Gramin Bank, notwithstanding that, the order of removal itself stipulated that such removal would not operate as a disqualification for future employment.

(3.) The factual backdrop is largely undisputed. The petitioner was earlier employed with Maharashtra Gramin Bank. Disciplinary proceedings were initiated against him and culminated in an order dtd. 26/4/2024, imposing the major penalty of removal from service. The said order records that the removal shall not be a disqualification for future employment. Prior thereto, in the year 2023, the petitioner had applied for recruitment pursuant to an advertisement issued by IDBI Bank. His candidature was rejected on the ground of past disciplinary action and removal from service. Aggrieved thereby, the petitioner addressed applications under the Right to Information Act to the Reserve Bank of India, the Department of Personnel and Training, and also to the Department of Financial Services. He relies upon replies, particularly that of the Reserve Bank of India dtd. 1/10/2025, to contend that there is no centralized Rule, Circular, or Notification issued by the Government of India imposing a permanent bar on future employment of persons who have already undergone disciplinary punishment.