Mumbai: The Bombay High Court has ruled that unauthorised absence from work by a Reserve Bank of India (RBI) official is detrimental to public interest and constitutes grave misconduct, refusing relief to an employee who was removed from service.
Petitioner Animesh Bakuli, a senior assistant with the RBI, was absent without permission for an extended period. A bench of Justices R I Chagla and Advait Sethna observed in an order on June 10 that such absence undoubtedly harms public interest and warrants dismissal.
The court dismissed Bakuli's plea, stating that the RBI's decision to compulsorily retire him does not suffer from any infirmity. Bakuli had sought to quash the RBI's February 2023 order and demanded release of payments and allowances blocked since December 2020.
Bakuli had been employed with the RBI since 2013 and was designated as a senior assistant from January 2018. He repeatedly requested a transfer to Kolkata to live with his parents, but the RBI rejected his requests.
From March 2020, Bakuli remained absent without permission. The RBI sent multiple communications directing him to report back or submit a leave application with a medical certificate, but he did not respond.
The RBI issued a show-cause notice and initiated an enquiry for breach of rules. Bakuli failed to reply and did not appear for enquiry meetings. Consequently, the penalty of compulsory retirement was imposed.
Bakuli claimed he left Mumbai for Kolkata to be with his parents during the COVID-19 pandemic and could not report to work. He argued the decision was harsh and violated natural justice.
The bench, however, noted no violation as several opportunities were given to him during disciplinary proceedings. The court observed that his unauthorised absence left the RBI with no option but to take action.
In July 2020, the RBI had issued a notice about resumption of operations in Central Office Departments following safety protocols.
