Nafr High Court
Case Details
1 YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.08.04 18:58:34 +0530 2025:CGHC:37315 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 178 of 2025 1 - Reserve Bank Of India Through Governor, Reserve Bank Of India, 4th Floor, Amar Building, Sir P.M. Road Mumbai - 400 001 (M.S.) 2 - Banking Ombudsman Reserve Bank Of India, Regional Office Raipur, Subhashish Parisar Satya Prem Vihar, Mahadev Ghat Road, Sunder Nagar, District- Raipur (C.G.) versus ... Petitioners 1 - Chandrakant Kannoje S/o Shri Shatrughan Lal Kannoje Aged About 34 Years Presently Posted As Teacher, Government Middle In School, Nimora, Raipur, District- Raipur (C.G.) R/o Moreshwar Rao Gadre, Ward No. 59, Santoshi Nagar, Raipur, District- Raipur (C.G.) 2 - Mahesh Singh Sori S/o Shri Krishna Singh Sori Aged About 54 Years Presently Posted As Head Master, Government Primary School, Mundipara Village, District- Sukma R/o House No. 44, Mastanpara, Ward No. 2, Sukma, District- Sukma (C.G.) 3 - Vipin Kumar Netam S/o Late Shri Sarju Ram Netam Aged About 38 Years Presently Posted As Assistant Grade Ii, Veterinary Services, R/o Qr. G-Type, Dugdhdairy Parisar, Village- Kanhargaon, Tehsil - Bhanupratappur, District- Kanker (C.G.)
Legal Reasoning
4 - Rameshwar Shori S/o Shri Nakchhedu Ram Aged About 51 Years Presently Posted As Assistant Teacher, Government Primary School, Palewa Charama, District- Kanker, R/o House No. 96, Thakur Para, Girhola, District- Kanker (C.G.) 2 5 - Surot Jurri S/o Late Shri Mahra Jurri Aged About 57 Years Presently Panchayat Sachiv, Gram Panchayat, Shahwad, Kanker, District- Kanker (C.G.), R/o Shahwad, Kanker, District- Kanker (C.G.) R/o Palewa, P.O. Sahawada, District- Kanker (C.G.) 6 - Dropadi Bhaskar W/o Shri Devendra Bhaskar Aged About 35 Years Presently Working As Assistant Teacher, Government Girls Primay School, Charama, District- Kanker, R/o Bhatapara Charama, District- Kanker (C.G.) 7 - Narendra Kumar Dhruv S/o Lilar Ram Dhruv Aged About 46 Years Presently Working As Oag-Ii, Cspdcl Somni, Rajnandgaon, District- Rajnandgaon, R/o 195/d Ruwabandha Sector, Bhilai, District- Durg (C.G.) 8 - Nidhi Onten W/o Chhedee Singh Onten Aged About 38 Years Presently Working As Lecturer At Government Ayured College, Bilaspur, R/o Om Colony, Daldaliha Para, Sakri, Bilaspur District- Bilaspur (C.G.) 9 - Hemant Kumar Khute S/o Shri B.R. Khute Aged About 52 Years Presently Working As Teacher, Government Upper Primary School, Kasahibahara, District- Mahasamund (C.G.) R/o Lakhagarh, Post- Pithora, District- Mahasamund (C.G.) 10 - Kailash Kumar Kannoje S/o Late Somnath Kannoje Aged About 42 Years Presently Working As Lecturer At Swami Atamanand English Medium School, Sukuldaihan, Block Rajnandgaon, District- Rajnandgaon (C.G.), R/o Ward No. 10, Mohala, Near Zin Kushal Petrol Pump Mohala, District- Mohala Manpur Ambagarh Chowki (C.G.) 11 - Mamta Kannoje W/o Shri Kailash Kumar Kannoje Aged About 42 Years Presently Working As Rural Medical Assistant, District- Manpur Ambagarh Chowki (C.G.) R/o Wasadi Block Mohla, District- Mohla Manpur Ambagarh Chowki (C.G.) 12 - Jaleshwar Singh S/o Shri Beer Singh Aged About 33 Years Presently Working As Amo At Ayush Department, Pendra Road, District- Gaurela Pendra Marwahi (C.G.), R/o Jogisar, Pendra Road, District- Gaurela Pendra Marwahi (C.G.) 3 13 - Tribhuwan Singh S/o Subran Singh Aged About 40 Years Presently Working As Lecturer At Ayush Department, R/o G-01, Anupam Gorgen, G.E. Road, Raipur (C.G.) 14 - Neelam Kannoje W/o Shri Chandrakant Kannoje Aged About 32 Years Presently Working As Head Constable At Home Guard Office, Raipur (C.G.) R/o Moreshwar Rao Gadre, Ward No. 59, Santoshi Nagar, Raipur, District-Raipur (C.G.) 15 - Chhedee Singh Onten S/o Late Shri Ram Singh Onten Aged About 44 Years Presently Working As Lecturer At Government Ayurved College Bilaspur (C.G.), R/o Om Colony, Daldaliha Para, Sakri, Bilaspur District- Bilaspur (C.G.) 16 - Union Of India Through Department Of Financial Services Ministry Of Finance, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi 110 001 17 - State Of Chhattisgarh Through Director, Directorate Of Institutional Finance, Finance Department, Government Of Chhattisgarh, Indravati Bhawan, Naya Raipur (C.G.) 18 - Cholamandalam Investment And Finance Company Limited (Cifcl) Having Corporate Office At Chola Crest, C54-55 And Super B-4, Thiru- Vi-Ka Industiral Estate, Guindy, Chennai-600032 19 - Chhattisgarh Rajya Gramin Bank Through Chairman, Corporate Office Sector-24, Atal Nagar, Naya Raipur (C.G.) 20 - Adita Birla Capital Limited Having Corporate Office At 18th Floor, Tower 1, One World Centre Jupiter Mill Compound, 841, Senapati, Bapat Marg, Elphinstone Road, Mumbai-400 013 21 - Axis Bank Limited Having Its Registered Office At Trishul, Opposite Samartheshwan Temple, Ellis Bridge, Ahmedabad - 380 006 22 - Piramal Capital And Housing Finance Limited Having Its Registered Office At 601, 6th Floor, Amiti Building, Agastya Corporate Park, Kamani Junction, Opp. Fire Station, Lbs Marg, Kurla (W) Mumbai 23 - Yes Bank Limited Having Its Head Officer At Yes Bank Tower, I.F.C. 02, 23rd Floor, Senapati Bapat Marg, Elpinestone (W), Mumbai 400 013 4 24 - Indusind Bank Limited Having Registered Office At Induind Bank Limited, 2401 Gen. Thimmayya Road (Cantonment), Pune- 411 001 25 - Icici Bank Limited Having Its Registered Office At Icici Bank Tower, Near Chakli Circle, Old Padra Road Vadodara 390 007, Gujarat 26 - Paysense Services India Private Limited Having Registered Office At Empressa Building, Fourth Floor, Second Road, Khar West, Mumabi - 400 052, Maharashtra 27 - State Bank Of India Having Registered Office At Corporate Centre, State Bank Bhavan, Madame Cama Road, Nariman Point, Mumbai, Maharashtra 400 021 28 - Collector District Raipur (C.G.) 29 - Collector District Bilaspur (C.G.) 30 - Collector Mahasamund (C.G.) 31 - Collector District - Kanker (C.G.) 32 - Collector District- Sarguja (C.G.) 33 - Collector District- Gaurela Pendra Marwahi (C.G.) 34 - Collector District Mohla-Manpur-Ambagarh Chowki (C.G.) 35 - Collector District- Durg (C.G.) 36 - Collector District- Sukma (C.G.) 37 - Spash Advisor Private Limited Through Its Proprietor Manoj Kuma Pradhan, Having Registered Office At Office No. Ff, 1st Floor, Dm Plaza, Naighar Chowk, Chhota Para, Raipur (C.G.) 38 - Spash Advisor Private Limited Through Its Proprietor Manoj Kumar Pradhan, Having Branch Office At Behind Vashudhara City Mall, Near Tulsi Chowk, Gangapur, Ambikpuar, Surguja (C.G.) 497 001 (Cause-title taken from Case Information System) ... Respondents For Petitioners : Mr. P.R. Patankar, Advocate For Respondents No.1 to 8 : Mr. Dhiraj Kumar Wankhede with Mr. Aniruddh Singh, Advocate For Respondent-UOI : Mr. Tushar Dhar Diwan, Central Govt. Counsel 5 For Respondent-State : Mr. Ankur Kashyap, Dy. Govt. Advocate For Respondent-Bank of Baroda For Respective Respondent : Mr. Vinod Deshmukh, Advocate : Mr. Aman Saxena, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge 30.07.2025 Order on Board 1. This review petition has been filed by the review petitioners with the following prayers:- “It is, therefore, most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to review the order dated 08.05.2025 (Annexure-P/1) passed by the Hon'ble Court in W.P. (C) No.2424/2025 and further be pleased to recall the order directing the applicant Ombudsman to pass appropriate orders on the applications filed by the Petitioners in WPC No. 2424/2025 (Respondent Nos. 1 to 15 herein) for interim relief and this Hon'ble Court may also be pleased to kindly consider directing that the interim relief which was granted by this Hon'ble court may be extended till the disposal of the complaints by the Applicant Ombudsman, in the larger interest of justice.” 2. Learned counsel for the review petitioners / respondents in the writ petition respectfully submits the review petitioners, who are 6 officials discharging statutory duties under the Reserve Bank of India’s regulatory framework, have challenged the order dated 08.05.2025 passed in W.P.(C) No. 2424 of 2025, primarily on the ground that the said order was passed without issuing notice or hearing the present review petitioners, and without affording them an opportunity to assist the Court on the legal and factual position regarding the powers and functions vested in the Ombudsman under the Reserve Bank Integrated Ombudsman Scheme, 2021. 3. It is most respectfully submitted that under Clause 8 of the aforementioned Scheme, the Ombudsman does not have any statutory authority or jurisdiction to entertain or grant interim relief in any form, including orders of stay, restraint, or protection, as has been envisaged in paragraph 7 of the impugned order. Pursuant to the directions contained in the order dated 08.05.2025, the original petitioners have already filed separate complaints before the Ombudsman on 23.05.2025, along with applications seeking interim relief/stay against coercive action by the concerned Banks. However, upon receipt and scrutiny of these applications, the office of the Ombudsman, after taking legal opinion and following consultations with higher authorities in the Reserve Bank of India, has arrived at the considered view that the direction to consider and grant interim relief is beyond the scope of powers conferred upon the Ombudsman under the governing Scheme. It is submitted that the review petitioners have the highest regard for the directions issued; however, they are duty- 7 bound to act strictly in accordance with the statutory mandate of the Scheme under which they operated. In view of the legal embargo on granting interim relief, the review petitioners are placed in a situation of administrative and legal conflict, and therefore, seek indulgence of this Court to review or modify the directions issued in the order dated 08.05.2025 to the extent that they required the Ombudsman to consider and decide applications for interim relief. It is further submitted that to ensure that the original petitioners are not left remediless, the Court may kindly consider extending the interim protection already granted restraining the Banks from taking coercive steps against the petitioners until the Ombudsman disposes of the complaints on merits, in accordance with law. 4. Learned counsel appearing for the respective respondents have no objection to the submissions made by the review petitioners. 5. I have heard the learned counsel for the parties and perused the material available on record. 6. Perusal of the record would show that vide order dated 08.05.2025, this Court had passed the order in WPC No. 2424/2025 to the following effect :- “6. Considering the matter in its entirety, this Court is of the opinion that since the remedy available to the petitioners to file appropriate applications before the Banking Ombudsman, at this stage, it would be appropriate that a direction be given to the 8 petitioners to pursue remedy before the Banking Ombudsman and the concerned Banking Ombudsman, who has received the copies of the complaints on 16.04.2025 is directed to consider the case of the petitioners and to pass appropriate orders while considering the matter on merits in accordance with law. 7. In that view of the matter, the petitioners are directed to file appropriate applications for grant of interim relief before Respondent No.4 i.e. Banking Ombudsman Reserve Bank of India, Regional Office, Raipur, Subhashish Parisar, Satya Prem Vihar, Mahadev Ghat Road, Sunder Nagar, District Raipur (C.G.), within a period of 15 days and in turn the Banking Ombudsman concerned is directed to consider the said applications and to pass appropriate orders in accordance with law within a period of 30 days from the date of filing of the applications by the petitioners. 8. Till the applications for interim relief are decided by the Banking Ombudsman, the Banking authorities are directed not to take any coercive steps against the petitioners. 9. With the aforesaid observation/direction,
Decision
instant petition stands disposed of .” 7. Having considered the submissions advanced by the learned counsel for the review petitioners and upon perusal of the record, this Court is of the considered opinion that the prayer made in the 9 instant review petition is just, fair, and grounded in statutory limitations imposed under the Reserve Bank Integrated Ombudsman Scheme 2021, particularly with regard to the lack of power vested in the Ombudsman to grant interim relief. 8. Accordingly, the instant review petition is allowed to the extent that the direction issued in paragraph 7 of the order dated 08.05.2025, whereby the Ombudsman was directed to consider and decide the applications for grant of interim relief filed by the original petitioners, stands recalled. 9. However, in order to safeguard the interests of the petitioners in the writ petition and to prevent any irreparable harm pending adjudication of their complaints before the Ombudsman, it is directed that the interim protection granted vide order dated 08.05.2025 restraining the Banking Authorities from taking coercive steps against the petitioners shall remain in force until the final decision is rendered by the Ombudsman on the complaints filed by the petitioners, or until further orders, whichever is earlier. 10. It is clarified that the Ombudsman shall proceed to decide the complaints on their own merits strictly in accordance with the provisions of the Reserve Bank Integrated Ombudsman Scheme, 2021, uninfluenced by any observation made in the earlier order dated 08.05.2025 or in the present order. 10 11. With the aforesaid observations / directions, instant review petition stands allowed to the extent indicated herein-above. There shall be no order as to costs. Gopal / Yogesh Sd/- (Amitendra Kishore Prasad) Judge