Bank employees are not government servants, rules Madras high court
TNN | Apr 13, 2019, 07.30 AM IST
CHENNAI: The Madras high court has made it clear that employees of Reserve Bank of India (RBI) and any other similarly-placed institutions cannot claim themselves as ‘government servants’.
“It is true that RBI is a state within the meaning of Article 12 of the Constitution. Even then it cannot be said its employees are all regular government employees,” a division bench of Justice KK Sasidharan and Justice PD Audikesavalu said.
The bench made the observation on an appeal moved by E Manoj Kumar, who was selected for the post of DSP by the Tamil Nadu Public Service Commission (TNPSC) but subsequently his selection was withheld on the ground that he suppressed the fact that he is a government employee in the application. Manoj was employed with the RBI.
Challenging the decision he moved the high court. However, a single judge of the court dismissed his plea on the ground that the instruction to the candidates contain not only the government service but also all other services and as such, the non-disclosure of the bank service would amount to suppression of material information attracting disqualification.
Aggrieved, the petitioner had preferred the present appeal.
Allowing the appeal, the bench said, “The appellant very correctly indicated that he is not a government employee. However, his candidature was rejected. The other local body employees and bank employees who have recorded as if they belong to government service were not subjected to any such disqualification. If we go by the tenor of the question — Are you a government employee? — bank employees, who are claiming that they are government employees, would suffer disqualification, as they have given a wrong statement.”
This apart, the appellant has many first on his credit. Even the entry in question was correctly filled by the appellant.
He was not responsible for the preparation of an incorrect questionnaire by the TNPSC. “We are, therefore, of the view that the appellant must succeed,” the bench said.
The court then set aside the order passed by the single judge dated March 26 and directed the TNPSC to forward the name of the appellant to the government for taking further action to give him order of appointment.
Such exercise shall be completed within one week, the court said.
TNN | Apr 13, 2019, 07.30 AM IST
CHENNAI: The Madras high court has made it clear that employees of Reserve Bank of India (RBI) and any other similarly-placed institutions cannot claim themselves as ‘government servants’.
“It is true that RBI is a state within the meaning of Article 12 of the Constitution. Even then it cannot be said its employees are all regular government employees,” a division bench of Justice KK Sasidharan and Justice PD Audikesavalu said.
The bench made the observation on an appeal moved by E Manoj Kumar, who was selected for the post of DSP by the Tamil Nadu Public Service Commission (TNPSC) but subsequently his selection was withheld on the ground that he suppressed the fact that he is a government employee in the application. Manoj was employed with the RBI.
Challenging the decision he moved the high court. However, a single judge of the court dismissed his plea on the ground that the instruction to the candidates contain not only the government service but also all other services and as such, the non-disclosure of the bank service would amount to suppression of material information attracting disqualification.
Aggrieved, the petitioner had preferred the present appeal.
Allowing the appeal, the bench said, “The appellant very correctly indicated that he is not a government employee. However, his candidature was rejected. The other local body employees and bank employees who have recorded as if they belong to government service were not subjected to any such disqualification. If we go by the tenor of the question — Are you a government employee? — bank employees, who are claiming that they are government employees, would suffer disqualification, as they have given a wrong statement.”
This apart, the appellant has many first on his credit. Even the entry in question was correctly filled by the appellant.
He was not responsible for the preparation of an incorrect questionnaire by the TNPSC. “We are, therefore, of the view that the appellant must succeed,” the bench said.
The court then set aside the order passed by the single judge dated March 26 and directed the TNPSC to forward the name of the appellant to the government for taking further action to give him order of appointment.
Such exercise shall be completed within one week, the court said.
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