Supreme Court - Daily Orders
Ganesh S/O Keshavrao Barapatre vs Reserve Bank Of India on 11 April, 2015
ITEM NO.2 LOK ADALAT NO. 2 SECTION XV
BEFORE THE SUPREME COURT LOK ADALAT
HELD AT NEW DELHI
[Organised by National Legal Services Authority and
Supreme Court Legal Services Committee]
Petition(s) for Special Leave to Appeal (C) No(s). 33474/2013
GANESH S/O KESHAVRAO BARAPATRE Petitioner(s)
VERSUS
RESERVE BANK OF INDIA Respondent(s)
Date : 11/04/2015 PRESENT:
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Sanchit, Adv.
For Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. Kuldeep S. Parihar, Adv.
Mr. H. S. Parihar,Adv.
P R O C E E D I N G S The petitioner is not present in person. He is, however, represented by his lawyer Shri Sanchit.
Mr. K.P.S. Kapoor, Joint Legal Advisor, Mr. A.B. Singh, Assistant General Manager and Mr. K.K. Misra, Assistant Manager of the Reserve Bank of India (RBI) Signature Not Verified appeared in Court today.Digitally signed by
Sukhbir Paul Kaur Date: 2015.04.16 16:40:05 IST Reason:
We have perused the record of the case and also heard the views of the parties.-2-
The petitioner joined the services of the respondent - RBI as back as in 1979 as Typist. During the period (2002-2003) he was absent from duties for few days and hence the Respondent served him with the charge sheet. The petitioner replied saying that he was ill and hence could not attend to his duties. The inquiry officer finding that since the petitioner failed to prove the ailment, as he did not file the medical certificate, held the charge leveled against the petitioner proved. On 27.05.2003, the respondent served the petitioner a show cause as to why he be not dismissed from the services of the Bank and accordingly dismissed the petitioner from services on 16.07.2003.
Challenging his dismissal, the petitioner filed an Industrial reference before the Central Government Industrial Tribunal-cum-Labour Court, Nagpur. By award dated 10.07.2012 the reference was answered against the petitioner resulting in upholding of his dismissal. The petitioner then filed writ petition before the High Court (Nagpur Bench). By order dated 16.01.2013 the High Court dismissed the writ petition and upheld the award of the Labour Court. It is against this order, an employee-Ganesh has filed this special leave petition.
On 8.09.2014, this Court was apprised of the fact that the petitioner was unfortunately suffering from some mental illness due to which he was not able to attend his duties. This Court, therefore, directed constitution of -3- Medical Board for getting the petitioner medically examined. The Respondent – Bank, in all fairness, did not object to the course suggested by this Court.
The petitioner was accordingly examined by the Medical Board consisting of three expert doctors of Nagpur Medical College on 17.10.2014. The Board opined that the petitioner is suffering from mental ailment called "Schizophrenia". The report was filed in this Court.
It is with this factual background, which is now matter of records, this case is placed for its disposal in Lok Adalat before this Bench.
As mentioned above, the petitioner due to his genuine disability, could not appear in person whereas officials of RBI were duly present.
The respondent-RBI, at the outset, offered to settle this case amicably by paying to the petitioner a sum of Rs.6,27,727/- by way of compassionate allowance and would continue to pay to the petitioner a sum of Rs. 7,170.67 paisa every month by way of compassionate allowance throughout his lifetime.
This Court, however, suggested to the respondent that keeping in view the medical report of the petitioner and the dreaded disease with which he is unfortunately reported to be suffering, the respondent-RBI should make sincere endeavor to provide to the petitioner all kinds of medical help/facilities free of cost as it would be well nigh impossible for the petitioner to incur medical -4- expenditure for curing such ailment with the amount which now he would be getting.
The officials of the R.B.I present in Court have very fairly stated before us that necessary permission to provide all proper medical treatment to the petitioner, as suggested by this Court, would be obtained from the competent authorities of the Bank at the earliest so as to enable the petitioner to come out of such ailment and live a normal life.
We appreciate the fine human gesture shown by the R.B.I.-a premier Bank of our Country towards their employee regardless of the employee's status, and the post that he held.
Indeed if we may say so, a true relationship of master and servant was maintained by the R.B.I. towards an employee despite availability of legal defenses to contest the case on merits against him who is now unable to contest his case due to disability. It was a redeemable feature of the case, which enabled us to exercise our jurisdiction conferred under the Legal Services Authority Act for disposal of this case amicably.
In the light of what is mentioned above, we finally dispose of this case by passing the following order.
1) The respondent-RBI shall pay a total sum of Rs.6,27,727/- to the Petitioner by way of compassionate allowance.
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2) The respondent shall also pay to the petitioner a sum of Rs.7,170.67 every month by way of compassionate allowance during his lifetime. However, this amount of Rs.7170.67, which is presently calculated keeping in view the prevailing rate of D.A., would vary upward from time to time and, therefore, depending upon the change in rates of D. A. the monthly amount be accordingly paid to him.
3) If there are any other dues otherwise found payable to the petitioner then the same be also paid to the petitioner in addition to what is offered by the Bank herein.
4) The Respondent (RBI) would make sincere endeavors to provide all kinds of medical facilities to the petitioner with the objective in mind that the petitioner would be able to come out of the ailment with which he is presently suffering and is able to start leading his normal life. These facilities can be provided to the petitioner under any medical scheme sponsored by the Central/State or/and by the Bank or by any recognized organization in field as the respondent may decide to relieve the petitioner from incurring any financial burden.
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5) Let the compliance be made within 2 months as an outer limit.
With these directions, the special leave petition stands finally disposed of.
___________________J. ______________________J.
[AMITAVA ROY] [ABHAY MANOHAR SAPRE] MEMBER, LOK ADALAT MEMBER, LOK ADALAT