The Bombay High Court has affirmed the Reserve Bank of India’s (RBI) decision to forcibly retire an employee who had been absent without permission for nearly three years. The court noted that unauthorized absence from a significant position within the RBI is clearly harmful to the public interest.
Justices R I Chagla and Advait M Sethna were reviewing an appeal from Animesh Bakuli, a former senior assistant, who requested the annulment of an order dated February 13, 2023. This order mandated his compulsory retirement due to the extended unauthorized absence, and he also sought the release of his unpaid salary, allowances, and other benefits that he claimed the RBI had withheld.
The court’s order issued on June 10 highlighted Bakuli’s role as a senior assistant, emphasizing that after five years of service, his absence from such a critical position for a comparable duration was unacceptable. It reiterated that, as per the Supreme Court’s ruling, such absence is detrimental to public interest and constitutes a serious misconduct warranting dismissal from employment.
Bakuli, representing himself, argued that the RBI’s decision was arbitrary, unethical, and unconstitutional, effectively terminating his employment without just cause. He contended that the order should be overturned and that he is entitled to receive his salary and allowances, which he claims have been wrongfully withheld since December 2020 without prior notification.
He further mentioned that his appeal to the RBI had not been addressed for four months, leaving him no alternative but to file the current petition.
In defense of the RBI, Senior Advocate S U Kamdar argued that Bakuli’s unauthorized absence had indeed harmed public interest, making the penalty of compulsory retirement reasonable and justified. He added that there was no basis for suspending Bakuli, as he had not returned to duty or provided any valid reason for his continued absence.
Richa Sahay serves as a Legal Correspondent for The Indian Express, where she specializes in demystifying the complexities of the Indian legal system. With a postgraduate degree in law, she utilizes her advanced education to connect intricate court rulings with public comprehension, ensuring that readers remain informed about the dynamic legal landscape.
Her expertise includes a deep understanding of legal frameworks, focusing on:
- Judicial Updates: Offering timely insights into rulings from the Supreme Court of India and various High Courts.
- Legal Simplification: Making complex legal language accessible and engaging while maintaining factual integrity.
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