Case Note & Summary
The petitioner, Kishore Jetha Somai, filed a writ petition under Article 226 of the Constitution of India challenging his termination order dated 28 August 2017 issued by the Chief General Manager of the Reserve Bank of India (RBI). The petitioner had applied for the post of Officer Grade-B (Direct Recruit) and disclosed in his application that he was a person with physical disability and belonged to the Hindu Thakur Scheduled Tribe. He was called for an interview and subsequently appointed. However, the RBI terminated his services on the grounds that he had not disclosed his disability and that his caste certificate was not valid. The petitioner contended that he had indeed disclosed his disability in the application form and had submitted a caste certificate. The court examined the application form and found that the petitioner had clearly mentioned his disability and caste. The court also noted that the RBI did not provide any opportunity to the petitioner to explain or rectify any alleged defect in the caste certificate before terminating his services. The court held that the termination order was arbitrary and violated principles of natural justice. The court quashed the termination order and directed the RBI to reinstate the petitioner with continuity of service and 50% back wages from the date of termination till reinstatement. The court also directed that the petitioner be treated as a person with disability and be given all benefits under the Persons with Disabilities Act, 1995.
Headnote
A) Service Law - Termination - Non-Disclosure of Disability - The petitioner, a person with physical disability, applied for the post of Officer Grade-B in RBI and disclosed his disability in the application form. The termination order based on alleged non-disclosure was held to be unsustainable as the disclosure was made. (Paras 3-5) B) Service Law - Termination - Caste Certificate - The petitioner disclosed his caste as Hindu Thakur Scheduled Tribe. The termination on ground of non-submission of valid caste certificate was held invalid as the petitioner had submitted a certificate and the RBI did not give him an opportunity to rectify any defect. (Paras 6-8) C) Constitutional Law - Article 226 - Writ Jurisdiction - The High Court can interfere with termination orders that are arbitrary and violate principles of natural justice. The termination order was quashed and set aside. (Paras 9-10) D) Persons with Disabilities Act, 1995 - Section 47 - Protection from Termination - The termination of a person with disability without following the procedure under the Act is illegal. The court directed reinstatement with continuity of service and 50% back wages. (Paras 11-12)
Issue of Consideration
Whether the termination order dated 28 August 2017 issued by RBI to the petitioner was valid and sustainable in law, given the petitioner's disclosure of disability and caste in his application, and whether the termination violated principles of natural justice.
Final Decision
The court allowed the petition, quashed the termination order dated 28 August 2017, and directed RBI to reinstate the petitioner with continuity of service and 50% back wages from the date of termination till reinstatement.
Law Points
- Principles of natural justice
- termination without inquiry
- disclosure of disability
- caste certificate validity
- Article 226 of Constitution of India
- Section 47 of Persons with Disabilities Act
- 1995
