IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY
ORIGINAL CIVIL JURISDICTION
PUBLIC
INTEREST LITIGATION NO.L/146 OF 2014
Subhash S. Sawant & Anr ..
Petitioners
Versus
Union of India & Ors. ..Respondents
:
PUBLIC INTEREST LITIGATION:
Dated
this day
of December, 2014
Mr. Devmani Shukla
Mr. Vijayprakash Yadav
Advocates
for Petitioners
1st Floor, Hamam House,
Ambalal Doshi Marg,
Fort, Mumbai-400 023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY
ORIGINAL CIVIL JURISDICTION
PUBLIC
INTEREST LITIGATION NO. OF 2014
Subhash S. Sawant & Anr ..
Petitioners
Versus
Union of India & Ors. ..Respondents
I N D E X
|
Sr.No.
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Particulars
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Page Nos.
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1.
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Proforma
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2.
|
Synopsis
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3.
|
Petition
|
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4.
|
Vakalatnama
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5.
|
Memorandum of
Registered Address
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6.
|
List of
Documents.
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7.
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Exhibit “A”
Copy of
the Booklet dated 06.05.2014 issued by the All India Bank Employees
Association.
|
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8.
|
Exhibit “B”
Copy of
the Booklet dated 4.7.2014 issued by the Bank Employees Federation of
India,
|
|
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9.
|
Exhibit “C”
Copy of
the Press Note dated 27.10.2014
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|
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10.
|
Exhibit “D”
Copy of
the Article 11th December 2014 published by journalist
Sucheta Dalal in the Magazine “Moneylife
|
|
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11.
|
Exhibit “E” to “E-__”
Copies of the
various news paper articles in relation to the NPAs (Non-Performing Assets)
of the various public sector banks including the Respondent No.5 Bank
|
|
|
12.
|
Exhibit “F”
Copy of Memo
dated 3.11.2014 bearing Ref. No. NARIMA/AGM/DA/ 2014-15/14
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|
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13.
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Exhibit “G”
Copy of the Memo
dated 3.11.2014 bearing Ref. No. NARIMA/AGM/DA/ 2014-15/15
|
|
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14.
|
Exhibit “H”
Copy of
the Reply dated 7.11.2014 in response to Memo dated 3.11.2014 bearing
Ref. No. NARIMA/AGM/DA/ 2014-15/14
|
|
|
15.
|
Exhibit “I”
Copy of
the Reply dated 7.11.2014 in response to Memo dated 3.11.2014 bearing
Ref. No. NARIMA/AGM/DA/ 2014-15/15
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|
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16.
|
Exhibit “J”
Copy of Charge
Sheet dated 1.12.2014 bearing Ref. No. NARIMA /AGM\/DA/2014-15/16
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|
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17.
|
Exhibit “K”
Copy of
the Charge Sheet dated 1.12.2014 bearing Ref. No. NARIMA /AGM/DA/2014-15/17
|
|
|
18.
|
Exhibit “L”
Copy of
the Reply dated 8.12.2014 in response to Charge Sheet dated 1.12.2014
bearing Ref. No. NARIMA/ AGM/DA/2014-15/16
|
|
|
19.
|
Exhibit “M”
Copies of the
Reply dated 8.12.2014 in response to Charge Sheet dated 1.12.2014 bearing Ref.
No. NARIMA/ AGM/DA/2014-15/17
|
|
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20.
|
Affidavit in
support of Petition.
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|
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21.
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Advocate’s
Certificate.
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LAST
PAGE:
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY
ORIGINAL CIVIL JURISDICTION
PUBLIC
INTEREST LITIGATION NO. OF 2014
Subhash S. Sawant & Anr ..
Petitioners
Versus
Union of India & Ors. ..Respondents
PROFORMA
|
Office Notes, Office Memorandum of Coram,
Appearance, Court’s Order of direction and Prothonotary & Orders.
|
Court’s or Judge’s
Orders
|
|
Office Notes, Office Memorandum of Coram,
Appearance, Court’s Order of direction and Prothonotary & Orders.
|
Court’s or Judge’s
Orders
|
|
Office Notes, Office Memorandum of Coram,
Appearance, Court’s Order of direction and Prothonotary & Orders.
|
Court’s or Judge’s
Orders
|
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY
ORIGINAL CIVIL JURISDICTION
PUBLIC
INTEREST LITIGATION NO. OF 2014
Subhash S. Sawant & Anr ..
Petitioners
Versus
Union of India & Ors. ..Respondents
S Y N O P S I S
A) DATES & EVENTS:
DATES
|
EVENTS
|
06.05.2014
All India Bank Employees
Association issue a booklet publishing the names of various clienteles of
various public sector banks throughout the territory of India who have
defaulted in repayment of the loans running into thousands of crores of rupees.
4.7.2014 Bank
Employees Federation of India issue a booklet publishing the names of various
clienteles of various public sector banks throughout the territory of India who
have defaulted in repayment of the loans running into thousands of crores of
rupees.
27.10.2014 The
Petitioners issue a press note detailing the names of the various clienteles of
the Respondent No.5 Bank who have defaulted in repayment of their loans running
into thousands of crores of rupees.
November/December 2014 the Respondent No.5 Bank
initiates and/or threatens to initiate disciplinary proceedings against the
Petitioners as well as its various members employed by the Respondent No.5 Bank
for having issued the press note dated 27.10.2014, thereby victimizing and
harassing the said workers/employees of the Respondent No.5 Bank.
October till December 2014 various articles are
published in news paper and magazines based upon the press note dated
27.10.2014 and the subsequent action of the Respondent No.5 Bank against the
Petitioners and its members to suppress the program initiated by the
Petitioners to enlighten the public at large about the names of the clienteles
of the Respondent No.5 Bank who have defaulted in repayment of their loans running
into thousands of crores of rupees. During the same period the Petitioners are
approached by various unknown persons and the Petitioners office also receives
various other information and documents demonstrating the wrongs and
illegalities of various public sector banks including the Respondent No.5 Bank
in relation to its clienteles who have defaulted in repayment of the loans
running into thousands of crores of rupees. The Petitioners crave leave and
liberty to refer and rely upon the aforesaid informations and documents as and
when required.
December 2014 The
Petitioners decide to approach this Hon’ble Court on various grounds mentioned
in the Petition. The Petitioners in the present proceedings would like to
clarify out of abundant caution even though not required, that the present
Petition is restricted only to the issues concerning to public at large in public interest and that the
Petitioners in the present Petition are not seeking any reliefs in relation to
the legal action taken against them by the Respondent No.5 with specific
reference to Press Note dated 27.10.2014 and that the Petitioners would be
dealing with the same in due course as per the due process of law before
appropriate forums of law and Hon’ble Courts as may be permissible under the
law. Only for the purpose of appraising this
Hon’ble Court the true and correct facts documents exhibited at Exhibit J to K
have been exhibited to the present Petition even though no reliefs with
reference to the same have been claimed in the present Petition.
B) POINTS TO BE URGED:
A)
That the facts of the matter require
interference and directions from this Hon’ble Court in exercise of its extra
ordinary powers under Article 226 of the Constitution of India.
B)
That there is an urgent and immediate requirement
on the part of the Respondents authorities especially Respondent Nos. 1 to 4 to
immediately and forthwith intervene and take legal action against the various
public sector banks for recovering from its various clientele the loans that
are being defaulted in repayment and which have become Non Performing Assets
(NPA), which undisputed and admitted facts and figures are reflected from the
booklet dated 06.05.2014 published by All India Bank Employees’ Association,
Booklet dated 4.7.2014 published by Bank Employees Federation of India and the
press note dated 27.10.2014 published by the Petitioners.
C)
That there is an urgent and immediate
requirement on the part of the Respondents authorities especially Respondent
Nos. 1 to 4 to immediately and forthwith intervene and take legal action
against the various public sector banks for scuttling and/or attempting to
scuttle the efforts of the Petitioners, All India Bank Employees Association
and Bank Employees Federation of India to bring to the notice of the public at
large the inaction or delay in taking action by the various public sector banks
to recover loans running into thousands of crores of rupees from its clientele.
D)
That there is an urgent and immediate
requirement on the part of the Respondents authorities especially Respondent
Nos. 1 to 4 to immediately and forthwith intervene and take legal action
against the various public sector banks for
not prosecuting and punishing its clientele who have defaulted in repayment of their
respective loans running into thousands of crores of rupees since admittedly if
the prosecution and punishment was initiated and pursued names of senior
officials of the management of the various public sector banks would be
unearthed making them vulnerable also for prosecution and punishment alongwith
the defaulting clienteles.
E)
That the Respondents authorities especially Respondent
Nos.1 to 4 are reluctant to take any
legal action against the various public sector banks including the Respondent
No.5 even though the booklet dated 06.05.2014 published by All India Bank
Employees Association, booklet dated 4.7.2014 published by Bank Employees
Federation of India and Press Note dated 27.10.2014 published by the Petitioners
categorically and specifically name the clientele of the various public sector
banks who have defaulted and are defaulting in repayment of the loans running
into thousands of crores of rupees simplicitor because the said clientele are
highly influential and powerful persons / entities.
F)
That the All India Bank Employees Association
and/or Bank Employees Federation of India and/or Indian Banks Association ought
to and should have taken the issue of non recovery of loans from the various
clientele of the various public sector banks with the Respondent Nos. 1 to 4 so
that the amounts are recovered at the earliest and the financial position of
the various public sector banks are improved at the earliest for the benefit of
all concerned including the shareholders, clientele and workers / employees of
the concerned public sector banks.
G)
That the Respondent No.5 Bank in an arbitrary
and discriminatory manner is targeting, victimizing and harassing the Petitioners
by isolating them for issuing the press note dated 27.10.2014 which details the
clientele of the Respondent No.5 Bank who are defaulting in repayment of the
loans running into thousands of crores of rupees inspite of the undisputed and
admitted fact that the contents and data of the press note dated 27.10.2014
have also been published and circulated by All India Bank Employees Association
in their booklet dated 06.05.2014 and also by Bank Employees Federation of
India in their booklet dated 4.7.2014.
C) ACTS TO BE REFERRED:
1. Constitution of India.
2.
D) AUTHORITIES TO BE CITED:
At present Nil.
Mumbai
Date: December,
2014
Advocates for the Petitioners
IN
THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY
ORIGINAL CIVIL JURISDICTION
PUBLIC
INTEREST LITIGATION NO. OF
2014
In the matter of Article 226 of the Constitution of India;
And
In the matter of Public Interest
the present Petition being filed pointing out the wrongful and illegal actions
of various public sector Banks and more particularly Central Bank of India in
relation to its clienteles who have defaulted in payment of huge amounts of
loans running into thousands of crores of rupees.
And
In the matter of Central Bank of India instead of rewarding the whistle
blower contemplating and threatening legal action against the said whistle
blower presumably at the behest of its defaulting clientele defaulting in
payment of its loans running into thousands of crores of rupees to protect the
interest of the defaulting clienteles.
1. Subhash S. Sawant )
aged about 65 years, )
presently at A/4, Santoor )
CHS Ltd., Road No.4, )
Pandurangwadi, )
Goregaon (East), )
Mumbai 400 063 )
2. Central Bank Employees )
Union, Mumbai having its )
office at 6th floor,
Central )
Bank of India Main Branch, )
M.G. Road, Fort, Mumbai ) .. Petitioners
Versus
1. Union of India, )
Through its Mumbai Office )
at Aayakar Bhavan, )
M. K. Road, Mumbai )
2. The Ministry of Finance )
Government of India, )
Through its Secretary )
having office at New Delhi )
3. Reserve Bank of India )
Through its Governor )
having its office at RBI )
Building, Mumbai )
4. Central
Vigilance Commission )
having
office at Satarkata )
Bhawan,
New Delhi )
5. Central Bank of India, )
through
its Chairman and )
Managing Director, )
having its registered office )
at “Chandermukhi”, )
Nariman
Point, Mumbai )
6. All India Central Bank )
Employees’ Federation )
having its office at )
4th
floor, Central )
Bank of India Main Branch, )
M.G. Road, Fort, Mumbai )
which federation is affiliated )
to All India Bank Employees )
Association )
7. Central Bank Employees )
Federation of India, )
having its office at )
C/O Canara Bank Staff )
Union, 268/270 Frere Road )
Mumbai-400001 )
which federation is affiliated )
to Bank Employees )
Federation
of India )
8. Indian Bank Association, )
through its Chairman )
having office at )
World Trade Center, )
6th Floor, Cuff Parade )
Mumbai-400 005 ) .. Respondents
TO
THE HON’BLE CHIEF JUSTICE
AND
THE OTHER HON’BLE PUISNE
JUDGES
OF THE HON’BLE HIGH COURT OF
JUDICATURE AT BOMBAY.
THE
HUMBLE PETITION OF THE PETITIONERS ABOVENAMED:
MOST RESPECTFULLY SHEWETH:
1.
The Petitioner No.1 is permanently residing at
the address mentioned in the cause title to the Petition. The Petitioner No.1
is the General Secretary of the Petitioner No.2 Union. The Petitioner No.1 is
the person who has filed PIL No. 21 OF 2013 before the Hon’ble Bombay High Court in relation to
interpretation and implementation of the preamble to the Constitution of India
and more particularly the word “Socialist” used therein. The Petitioner No.2 is
a registered trade union having its office at the address mentioned in the
cause title to the Petition.
2.
The Respondent No.1 is the Government of India
and the final authority for the purpose of administration of the remaining
Respondents Nos. 2 to 5. The Respondent No.2 exercises supervisory control over
the remaining Respondents Nos. 3 to 5. The Respondent No.3 exercises
supervisory control over the remaining Respondents Nos. 4 and 5. The Respondent
No.4 exercises supervisory control over the remaining Respondent No.5. The
Respondent No.5 is a Bank controlled by the remaining Respondents. The Respondent
No.5 Bank has been joined as a party Respondent to the present proceedings
amongst various other public sector banks who are identically and similarly
situated like the Respondent No.5 Bank since admittedly the Petitioners
represent the workers / employees of the Respondent No.5 Bank and even though
financial stability of all public sectors is a matter of grave concern, the
financial stability of the Respondent No.5 Bank is of paramount concern. The Respondent
No. 6 is a Union operating within the Respondent No.5 Bank and which Union is
affiliated to All India Bank Employees Association which association is recognized
as the majority Union representing majority of the workers / employees /
officers working with various public sector banks throughout the territory of
India. The Respondent No. 7 is a Union operating within the Respondent No.5
Bank and which Union is affiliated to Bank Employees Federation of India which
association represents a sizable number of workers / employees / officers
working with various public sector banks throughout the territory of India. The
Respondent No. 8 is the organization which represents all the public sector
Banks operating within India.
3.
The present Petition would revolve around
interpretation and implementation of the below mentioned documents:
a)
Booklet dated 06.05.2014 issued by the All India
Bank Employees Association, a copy of which is annexed and marked as Exhibit “A” hereto.
b)
Booklet dated 4.7.2014 issued by the Bank
Employees Federation of India, a copy of which is annexed and marked as Exhibit B hereto.
c)
Press Note dated 27.10.2014 issued by the
Petitioner No.2 under the name and signature of the Petitioner No.1, a copy of
which is annexed and marked as Exhibit
“C” hereto.
d)
11th December 2014 Article published
by journalist Sucheta Dalal in the Magazine “Moneylife”, a copy of which is
annexed and marked as Exhibit “D” hereto.
e)
Hereto annexed and marked as Exhibit “E” to E 4 are the copies of the various news paper articles in relation
to the NPAs (Non-Performing Assets) of the various public sector banks
including the Respondent No.5 Bank.
f)
Memo dated 3.11.2014 bearing Ref. No.
NARIMA/AGM/DA/2014-15/14, a copy of which is annexed and marked as Exhibit “F”.
g)
Memo dated 3.11.2014 bearing Ref. No.
NARIMA/AGM/DA/2014-15/15, a copy of which is annexed and marked as Exhibit “G”.
h)
Reply dated 7.11.2014 in response to Memo dated
3.11.2014 bearing Ref. No. NARIMA/AGM/DA/2014-15/14, a copy of which is annexed
and marked as Exhibit “H”.
i)
Reply dated 7.11.2014 in response to Memo dated
3.11.2014 bearing Ref. No. NARIMA/AGM/DA/2014-15/15, a copy of which is annexed
and marked as Exhibit “I”.
j)
Charge Sheet dated 1.12.2014 bearing Ref. No.
NARIMA/AGM/DA/2014-15/16 in response to Memo dated 3.11.2014 bearing Ref. No.
NARIMA/AGM/DA/2014-15/14, a copy of which is annexed and marked as Exhibit “J”.
k)
Charge Sheet dated 1.12.2014 bearing Ref. No. NARIMA/AGM/DA/2014-15/17
in response to Memo dated 3.11.2014 bearing Ref. No. NARIMA/AGM/DA/2014-15/15,
a copy of which is annexed and marked as Exhibit
“K”.
l)
Reply dated 8.12.2014 in response to Charge
Sheet dated 1.12.2014 bearing Ref. No. NARIMA/AGM/DA/2014-15/16, a copy of
which is annexed and marked as Exhibit “L”.
m)
Reply dated 8.12.2014 in response to Charge
Sheet dated 1.12.2014 bearing Ref. No. NARIMA/AGM/DA/2014-15/17, a copy of
which is annexed and marked as Exhibit “M”.
4.
In the present Petition the Petitioners are
seeking adjudication under Article 226 of the Constitution of India the below
mentioned points of law of grave public importance:
A)
Whether the facts of the matter require
interference and directions from this Hon’ble Court in exercise of its extra
ordinary powers under Article 226 of the Constitution of India.
B)
Whether there is an urgent and immediate
requirement on the part of the Respondents authorities especially Respondent
Nos. 1 to 4 to immediately and forthwith intervene and take legal action
against the various public sector banks for recovering from its various
clientele the loans that are being defaulted in repayment and which have become
Non Performing Assets (NPA), which undisputed and admitted facts and figures
are reflected from the booklet dated 06.05.2014 published by All India Bank
Employees’ Association, Booklet dated 4.7.2014 published by Bank Employees
Federation of India and the press note dated 27.10.2014 published by the Petitioners.
C)
Whether there is an urgent and immediate
requirement on the part of the Respondents authorities especially Respondent
Nos. 1 to 4 to immediately and forthwith intervene and take legal action
against the various public sector banks for scuttling and/or attempting to
scuttle the efforts of the Petitioners, All India Bank Employees Association
and Bank Employees Federation of India to bring to the notice of the public at
large the inaction or delay in taking action by the various public sector banks
to recover loans running into thousands of crores of rupees from its clientele.
D)
Whether there is an urgent and immediate
requirement on the part of the Respondents authorities especially Respondent
Nos. 1 to 4 to immediately and forthwith intervene and take legal action
against the various public sector banks for
not prosecuting and punishing its clientele who have defaulted in repayment of their
respective loans running into thousands of crores of rupees since admittedly if
the prosecution and punishment was initiated and pursued names of senior officials
of the management of the various public sector banks would be unearthed making
them vulnerable also for prosecution and punishment alongwith the defaulting
clienteles.
E)
Whether the Respondents authorities especially Respondent
Nos.1 to 4 are reluctant to take any
legal action against the various public sector banks including the Respondent
No.5 even though the booklet dated 06.05.2014 published by All India Bank
Employees Association, booklet dated 4.7.2014 published by Bank Employees
Federation of India and Press Note dated 27.10.2014 published by the Petitioners
categorically and specifically name the clientele of the various public sector
banks who have defaulted and are defaulting in repayment of the loans running
into thousands of crores of rupees simplicitor because the said clientele are
highly influential and powerful persons / entities.
F)
Whether the All India Bank Employees Association
and/or Bank Employees Federation of India and/or Indian Banks Association ought
to and should have taken the issue of non recovery of loans from the various
clientele of the various public sector banks with the Respondent Nos. 1 to 4 so
that the amounts are recovered at the earliest and the financial position of
the various public sector banks are improved at the earliest for the benefit of
all concerned including the shareholders, clientele and workers / employees of
the concerned public sector banks.
G)
Whether the Respondent No.5 Bank in an arbitrary
and discriminatory manner is targeting, victimizing and harassing the Petitioners
by isolating them for issuing the press note dated 27.10.2014 which details the
clientele of the Respondent No.5 Bank who are defaulting in repayment of the
loans running into thousands of crores of rupees inspite of the undisputed and
admitted fact that the contents and data of the press note dated 27.10.2014
have also been published and circulated by All India Bank Employees Association
in their booklet dated 06.05.2014 and also by Bank Employees Federation of
India in their booklet dated 4.7.2014.
5.
The Petitioners would now like to narrate the
facts leading to filing of the present Petition.
(a)
Sometime on or about 06.05.2014 All India Bank
Employees Association issue a booklet publishing the names of various
clienteles of various public sector banks throughout the territory of India who
have defaulted in repayment of the loans running into thousands of crores of
rupees.
(b)
Sometime on or about 4.7.2014 Bank Employees
Federation of India issue a booklet publishing the names of various clienteles
of various public sector banks throughout the territory of India who have
defaulted in repayment of the loans running into thousands of crores of rupees.
(c)
Sometime
on or about 27.10.2014 the Petitioners issue a press note detailing the names
of the various clienteles of the Respondent No.5 Bank who have defaulted in
repayment of their loans running into thousands of crores of rupees.
(d)
Sometime on or about November/December 2014 the
Respondent No.5 Bank initiates and/or threatens to initiate disciplinary
proceedings against the Petitioners by the Respondent No.5 Bank for having
issued the press note dated 27.10.2014, thereby victimizing and harassing the
said workers/employees of the Respondent No.5 Bank.
(e)
Sometime on or about October till December 2014 various
articles are published in news paper and magazines based upon the press note
dated 27.10.2014 and the subsequent action of the Respondent No.5 Bank against
the Petitioners and its members to suppress the
program initiated by the Petitioners to enlighten the public at large
about the names of the clienteles of the Respondent No.5 Bank who have
defaulted in repayment of their loans running into thousands of crores of
rupees. During the same period the Petitioners are approached by various
unknown persons and the Petitioners office also receives various other
information and documents demonstrating the wrongs and illegalities of various
public sector banks including the Respondent No.5 Bank in relation to its
clienteles who have defaulted in repayment of the loans running into thousands
of crores of rupees. The Petitioners crave leave and liberty to refer and rely
upon the aforesaid informations and documents as and when required.
(f)
Sometime on or about December 2014 the
Petitioners decide to approach this Hon’ble Court on various grounds mentioned
in the Petition. The Petitioners in the present proceedings would like to
clarify out of abundant caution even though not required, that the present
Petition is restricted only to the issues concerning to public at large in public interest and that the
Petitioners in the present Petition are not seeking any reliefs in relation to
the legal action taken against them by the Respondent No.5 with specific
reference to Press Note dated 27.10.2014 and that the Petitioners would be
dealing with the same in due course as per the due process of law before
appropriate forums of law and Hon’ble Courts as may be permissible under the
law. Only for the purpose of appraising
this Hon’ble Court the true and correct facts documents exhibited at Exhibit J
to K have been exhibited to the present Petition even though no reliefs with
reference to the same have been claimed in the present Petition.
6.
The Petitioners state that the facts of the
matter require interference and directions from this Hon’ble Court in exercise
of its extra ordinary powers under Article 226 of the Constitution of India.
7.
The Petitioners state that there is an urgent
and immediate requirement on the part of the Respondents authorities especially
Respondent Nos. 1 to 4 to immediately and forthwith intervene and take legal
action against the various public sector banks for recovering from its various
clientele the loans that are being defaulted in repayment and which have become
Non Performing Assets (NPA), which undisputed and admitted facts and figures
are reflected from the booklet dated 06.05.2014 published by All India Bank
Employees’ Association, Booklet dated 4.7.2014 published by Bank Employees
Federation of India and the press note dated 27.10.2014 published by the Petitioners.
8.
The Petitioners state that there is an urgent
and immediate requirement on the part of the Respondents authorities especially
Respondent Nos. 1 to 4 to immediately and forthwith intervene and take legal
action against the various public sector banks for scuttling and/or attempting
to scuttle the efforts of the Petitioners, All India Bank Employees Association
and Bank Employees Federation of India to bring to the notice of the public at
large the inaction or delay in taking action by the various public sector banks
to recover loans running into thousands of crores of rupees from its clientele.
9.
The Petitioners state that there is an urgent
and immediate requirement on the part of the Respondents authorities especially
Respondent Nos. 1 to 4 to immediately and forthwith intervene and take legal
action against the various public sector banks for not prosecuting and punishing its
clientele who have defaulted in
repayment of their respective loans running into thousands of crores of rupees
since admittedly if the prosecution and punishment was initiated and pursued
names of senior officials of the management of the various public sector banks would
be unearthed making them vulnerable also for prosecution and punishment
alongwith the defaulting clienteles.
10.
The Petitioners state that the Respondents
authorities especially Respondent Nos.1
to 4 are reluctant to take any legal action against the various public
sector banks including the Respondent No.5 even though the booklet dated
06.05.2014 published by All India Bank Employees Association, booklet dated
4.7.2014 published by Bank Employees Federation of India and Press Note dated
27.10.2014 published by the Petitioners categorically and specifically name the
clientele of the various public sector banks who have defaulted and are
defaulting in repayment of the loans running into thousands of crores of rupees
simplicitor because the said clientele are highly influential and powerful
persons / entities.
11.
The Petitioners state that the All India Bank
Employees Association and/or Bank Employees Federation of India and/or Indian
Banks Association ought to and should have taken the issue of non recovery of
loans from the various clientele of the various public sector banks with the Respondent
Nos. 1 to 4 so that the amounts are recovered at the earliest and the financial
position of the various public sector banks are improved at the earliest for
the benefit of all concerned including the shareholders, clientele and workers
/ employees of the concerned public sector banks.
12.
The Petitioners state that the Respondent No.5
Bank in an arbitrary and discriminatory manner is targeting, victimizing and
harassing the Petitioners by isolating them for issuing the press note dated
27.10.2014 which details the clientele of the Respondent No.5 Bank who are
defaulting in repayment of the loans running into thousands of crores of rupees
inspite of the undisputed and admitted fact that the contents and data of the
press note dated 27.10.2014 have also been published and circulated by All
India Bank Employees Association in their booklet dated 06.05.2014 and also by
Bank Employees Federation of India in their booklet dated 4.7.2014.
13.
Being aggrieved and dissatisfied with the actions
and inactions of the Respondents as mentioned above and also being concerned
with the state of affairs and conditions of various public sector banks
including the Respondent No.5 Bank apart from substantial loss of money of the
public at large in public interest the present Petition is preferred on
the below mentioned grounds without prejudice to one another.
G R O U N D S
A)
That the facts of the matter require
interference and directions from this Hon’ble Court in exercise of its extra
ordinary powers under Article 226 of the Constitution of India.
B)
That there is an urgent and immediate
requirement on the part of the Respondents authorities especially Respondent
Nos. 1 to 4 to immediately and forthwith intervene and take legal action
against the various public sector banks for recovering from its various
clientele the loans that are being defaulted in repayment and which have become
Non Performing Assets (NPA), which undisputed and admitted facts and figures
are reflected from the booklet dated 06.05.2014 published by All India Bank
Employees’ Association, Booklet dated 4.7.2014 published by Bank Employees
Federation of India and the press note dated 27.10.2014 published by the Petitioners.
C)
That there is an urgent and immediate
requirement on the part of the Respondents authorities especially Respondent
Nos. 1 to 4 to immediately and forthwith intervene and take legal action
against the various public sector banks for scuttling and/or attempting to
scuttle the efforts of the Petitioners, All India Bank Employees Association
and Bank Employees Federation of India to bring to the notice of the public at
large the inaction or delay in taking action by the various public sector banks
to recover loans running into thousands of crores of rupees from its clientele.
D)
That there is an urgent and immediate
requirement on the part of the Respondents authorities especially Respondent
Nos. 1 to 4 to immediately and forthwith intervene and take legal action
against the various public sector banks for
not prosecuting and punishing its clientele who have defaulted in repayment of their
respective loans running into thousands of crores of rupees since admittedly if
the prosecution and punishment was initiated and pursued names of senior
officials of the management of the various public sector banks would be unearthed
making them vulnerable also for prosecution and punishment alongwith the
defaulting clienteles.
E)
That the Respondents authorities especially Respondent
Nos.1 to 4 are reluctant to take any
legal action against the various public sector banks including the Respondent
No.5 even though the booklet dated 06.05.2014 published by All India Bank
Employees Association, booklet dated 4.7.2014 published by Bank Employees
Federation of India and Press Note dated 27.10.2014 published by the Petitioners
categorically and specifically name the clientele of the various public sector
banks who have defaulted and are defaulting in repayment of the loans running
into thousands of crores of rupees simplicitor because the said clientele are
highly influential and powerful persons / entities.
F)
That the All India Bank Employees Association
and/or Bank Employees Federation of India and/or Indian Banks Association ought
to and should have taken the issue of non recovery of loans from the various
clientele of the various public sector banks with the Respondent Nos. 1 to 4 so
that the amounts are recovered at the earliest and the financial position of
the various public sector banks are improved at the earliest for the benefit of
all concerned including the shareholders, clientele and workers / employees of
the concerned public sector banks.
G)
That the Respondent No.5 Bank in an arbitrary
and discriminatory manner is targeting, victimizing and harassing the Petitioners
by isolating them for issuing the press note dated 27.10.2014 which details the
clientele of the Respondent No.5 Bank who are defaulting in repayment of the
loans running into thousands of crores of rupees inspite of the undisputed and
admitted fact that the contents and data of the press note dated 27.10.2014
have also been published and circulated by All India Bank Employees Association
in their booklet dated 06.05.2014 and also by Bank Employees Federation of
India in their booklet dated 4.7.2014.
14.
The Petitioners crave leave to add, alter, amend
and/or delete any of the foregoing grounds, if required.
15.
The Petitioners state that the Petitioners have
not filed any other petition in respect of the subject matter in this Hon'ble
Court or in the Supreme Court of India or any other High Court in India.
16.
The Petitioners say and submit that there is no
alternate efficacious remedy but to approach this Hon'ble Court and the reliefs
as prayed for, if granted, shall be full and complete.
17.
The Petitioners and Respondents are having their
respective residences/offices within the jurisdiction of this Hon’ble Court.
Hence this Hon’ble Court has jurisdiction to entertain and try this petition.
18.
The Petitioners have not been served with a copy
of the Caveat filed by the Respondents but the Petitioners undertake to serve
the copy of the Petition after filing the same before the Hon’ble Court in due
course.
19.
The Petitioners will rely on documents a list
whereof is annexed hereto.
20.
The Petitioners have affixed required Court fee
for this petition.
21.
The Petitioners, therefore, prays that:
(a)
Rule be issued;
(b)
For a writ or an order in the nature of a writ
of this Hon’ble Court directing the Respondent No.1 to 4 to individually and/or
collectively immediately and forthwith take legal action against the various
public sector banks including the Respondent No.5 Bank for its actions and
inactions detailed in the present Petition, including Press Note dated
27.10.2014, booklet dated 06.05.2014 of the All India Bank Employees
Association and booklet dated 4.7.2014 of the Bank Employees Federation of
India within a fixed time schedule that this Hon’ble Court may deem fit and
proper and for the said purpose conduct a time bound detailed enquiry through
senior officials of high repute and integrity who will give a personal hearing
to the Petitioners enabling them to bring to their notice various information
and documents obtained by the Petitioners under Right to Information Act and
otherwise.
(c)
For a writ or an order in the nature of a writ
of this Hon’ble Court directing the Respondent No. 1 to 4 to individually and/or collectively
immediately and forthwith take legal action against the various public sector
banks including the Respondent No.5 Bank for its actions and inactions of not
recovering loans running to thousands of crores of rupees from its clientele whose
names were mentioned by the Petitioners in their Press Note dated 27.10.2014,
booklet dated 06.05.2014 of the All India Bank Employees Association and
booklet dated 4.7.2014 of the Bank Employees Federation of India within a fixed
time schedule that this Hon’ble Court may deem fit and proper and for the said
purpose conduct a time bound detailed enquiry through senior officials of high
repute and integrity who will give a personal hearing to the Petitioners
enabling them to bring to their notice various information and documents
obtained by the Petitioners under Right to Information Act and otherwise.
(d)
For a writ or an order in the nature of a writ
of this Hon’ble Court directing the various public sector banks including the Respondent
No.5 Bank to immediately and forthwith and within a fixed time schedule that
this Hon’ble Court may deem fit and proper take legal action against its
clientele who have defaulted in repayment of their loans running into thousands
of crores of rupees and who are specifically mentioned in the Press Note dated
27.10.2014, booklet dated 06.05.2014 of the All India Bank Employees
Association and booklet dated 4.7.2014 of the Bank Employees Federation of
India.
(e)
pending hearing and final disposal of the
present Petition for an order of this Hon’ble Court directing the Respondent
Nos. 1 to 4 to file an affidavit before this Hon’ble Court and inform the legal
action taken if any against the various public sector banks including the Respondent
No.5 Bank for their respective defaulting clienteles mentioned in the Press
Note dated 27.10.2014, booklet dated 06.05.2014 of the All India Bank Employees
Association and booklet dated 4.7.2014 of the Bank Employees Federation of
India for recovery of the loans which have been defaulted running into
thousands of crores of rupees.
(f)
pending hearing and final disposal of the
present Petition for an order of this Hon’ble Court directing the Respondent
Nos. 1 to 4 to individually and/or collectively file an affidavit before this Hon’ble Court and inform the
legal action taken if any against the various public sector banks including the
Respondent No.5 Bank for failing to take legal action against its clienteles
mentioned in the Press Note dated 27.10.2014, booklet dated 06.05.2014 of the
All India Bank Employees Association and booklet dated 4.7.2014 of the Bank
Employees Federation of India for recovery of the loans which have been
defaulted running into thousands of crores of rupees.
(g)
pending hearing and final disposal of the
present Petition for an order of this Hon’ble Court directing the Respondent No. 1 to 4 to individually and/or collectively
immediately and forthwith take legal action against the various public sector
banks including the Respondent No.5 Bank for its actions and inactions detailed
in the present Petition, Press Note dated 27.10.2014, booklet dated 06.05.2014
of the All India Bank Employees Association and booklet dated 4.7.2014 of the
Bank Employees Federation of India within a fixed time schedule that this
Hon’ble Court may deem fit and proper and for the said purpose conduct a time
bound detailed enquiry through senior officials of high repute and integrity
who will give a personal hearing to the Petitioners enabling them to bring to
their notice various information and documents obtained by the Petitioners
under Right to Information Act and otherwise.
(h)
pending hearing and final disposal of the
present Petition for an order of this Hon’ble Court directing the Respondent No. 1 to 4 to individually and/or collectively
immediately and forthwith take legal action against the various public sector
banks including the Respondent No.5 Bank for its actions and inactions of not
recovering loans running to thousands of crores of rupees from its clientele
whose names were mentioned by the Petitioners in their Press Note dated
27.10.2014, booklet dated 06.05.2014 of the All India Bank Employees
Association and booklet dated 4.7.2014 of the Bank Employees Federation of
India within a fixed time schedule that this Hon’ble Court may deem fit and
proper and for the said purpose conduct a time bound detailed enquiry through
senior officials of high repute and integrity who will give a personal hearing
to the Petitioners enabling them to bring to their notice various information
and documents obtained by the Petitioners under Right to Information Act and
otherwise.
(i)
Ad-interim reliefs in terms of prayer clause (a)
and (i) above;
(j)
pass, any other reliefs that this Hon’ble Court
may deem fit and proper be granted.
(k)
costs of the Petition.
AND FOR THIS ACT OF
KINDNESS THE PETITIONERS SHALL AS IN DUTY BOUND EVER PRAY.
1)
Subhash
S. Sawant
2)
Central
Bank Employees
Union
Mumbai
Advocate for the Petitioners Petitioners
V E R I F I C A T I O N
I, Subhash S. Sawant, the Petitioner No.1 abovenamed, do hereby solemnly declare
that whatever is stated in paragraphs
No. 1 to 12 is true to my own knowledge
and that whatever is stated in remaining paragraphs Nos. 13 to 21 are based on
information and belief and I believe to be true.
Solemnly
affirmed at Mumbai, )
this 10th day
of December, 2014 )
BEFORE
ME:
Advocate for the Petitioners
We are not members of Advocate’s
Welfare Fund. Hence the stamp of Rs.2/-
is not affixed herewith.
Advocate for Petitioners
IN
THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY
ORIGINAL CIVIL JURISDICTION
PUBLIC
INTEREST LITIGATION NO. OF
2014
In the matter of Article 226 of the Constitution of India;
And
In the matter of Public Interest
the present Petition being filed pointing out the wrongful and illegal actions
of various public sector Banks and more particularly Central Bank of India in
relation to its clienteles who have defaulted in payment of huge amounts of
loans running into thousands of crores of rupees.
And
In the matter of Central Bank of India instead of rewarding the whistle
blower contemplating and threatening legal action against the said whistle
blower presumably at the behest of its defaulting clientele defaulting in
payment of its loans running into thousands of crores of rupees to protect the
interest of the defaulting clienteles.
1. Subhash S. Sawant )
aged about 65 years, )
presently at A/4, Santoor )
CHS Ltd., Road No.4, )
Pandurangwadi, )
Goregaon (East), )
Mumbai 400 063 )
2. Central Bank Employees )
Union, Mumbai having its )
office at 6th floor,
Central )
Bank of India Main Branch, )
M.G. Road, Fort, Mumbai ) .. Petitioners
Versus
1. Union of India, )
Through its Mumbai Office )
at Aayakar Bhavan, )
M. K. Road, Mumbai )
2. The Ministry of Finance )
Government of India, )
Through its Secretary )
having office at New Delhi )
3. Reserve Bank of India )
Through its Governor )
having its office at RBI )
Building, Mumbai )
4. Central
Vigilance Commission )
having
office at Satarkata )
Bhawan,
New Delhi )
5. Central Bank of India, )
through
its Chairman and )
Managing Director, )
having its registered office )
at “Chandermukhi”, )
Nariman
Point, Mumbai )
6. All India Central Bank )
Employees’ Federation )
having its office at )
4th
floor, Central )
Bank of India Main Branch, )
M.G. Road, Fort, Mumbai )
which federation is affiliated )
to All India Bank Employees )
Association )
7. Central Bank Employees )
Federation of India, )
having its office at )
C/O Canara Bank Staff )
Union, 268/270 Frere Road )
Mumbai-400001. )
which federation is affiliated )
to Bank Employees )
Federation
of India )
8. Indian Bank Association, )
through its Chairman )
having office at )
World Trade Center , )
6th Floor, Cuff Parade
Mumbai-400 005. )
.. Respondents
To,
The Prothonotary & Sr. Master,
High Court,
Bombay.
Sir,
We, the Petitioners
abovenamed, do hereby appoint, Mr. Devmani
Shukla and Mr. Vijayprakash Yadav, Advocates, High Court, Bombay, to
act, appear and plead for us in the above matter.
IN
WITNESS WHEREOF we have set and subscribed our hands to this writing at Mumbai.
Dated this day
of December, 2014
ACCEPTED:
Mr. Devmani Shukla
1. Subhash S. Sawant
O.S.Regn.No.10575/09
Mr. Vijayprakash Yadav
O.S. Regn. No. 12264/11 2. Central Bank Employees
Advocates for Petitioners Union
1st
Floor, Hamam House,
Ambalal Doshi Marg, Petitioners
Fort, Mumbai-400 023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY
ORIGINAL CIVIL JURISDICTION
PUBLIC
INTEREST LITIGATION NO. OF 2014
Subhash S. Sawant & Anr ..
Petitioners
Versus
Union of India & Ors. ..Respondents
MEMORANDUM OF
REGISTERED ADDRESS:
Subhash S. Sawant & Anr.
The Petitioners abovenamed,
C/o. Mr. Devmani
Shukla & Anr.
Advocates, High Court,
Hamam
House, 1st Floor, Ambalal Doshi Marg, Fort, Mumbai-400 023
Advocate
for Petitioners
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