NARSHIBHAI FAKIRBHAI PATEL Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) The above first appeal was filed by Narshibhai Fakirbhai Patel, whose suit for declaration, that the orders regarding the termination of his services with the Reserve Bank, dated June 13, 1958 and August 5, 1958 were illegal, ultra vires and inoperative and contrary to natural justice; that he continued in the service of the respondent-defendant, Reserve Bank of India, as a coin note examiner, and had a right to all the benefits and emoluments of the said post, was dismissed on March 3, 1970, by the learned Judge in the City Civil Court, Bombay, on the ground that, his suit was not maintainable, that he was not a Central Government servant, that he was not holding a civil post under the Union of India; and, therefore, he was not protected under Art. 311 of the Constitution of India, and his services were legally and properly terminated under the Reserve Bank of India (Staff) Regulations, 1948.

(2.) Regulation No. 25(2) read as under :

(3.) The finding of the learned Judge, that Art. 311 cannot be invoked by an employee of the Reserve of India, is supported by a decision of the Supreme Court, in Dr. S. L. Agarwal v. The General Manager, Hindustan Steel Ltd., A.I.R. 1970 S.C. 1150, in which it was laid down that a statutory corporation was not a department of the Government, and its servants and employees were not holders of civil posts under the State. In view of the said decision, Mr. Baadkar, the learned counsel appearing on behalf of the appellant found it impossible to argue that the plaintiff was protected by the provisions of Art. 311 of the Constitution of India.