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TelanganaPlea on RBI circular: Telangana HC reserves verdict

Plea on RBI circular: Telangana HC reserves verdict

Published: 6th Dec 2021 9:45 pm

Hyderabad: A two-judge panel of the Telangana High Court comprising Chief Justice Satish Chandra Sharma and Justice Tukaramji on Monday reserved their verdict on a batch of writ petitions questioning an RBI circular, issued on July 1, 2016, on commercial banks and select financial institutions. The petitioners questioned the same as being unconstitutional and ultra vires under Section 35A of Banking Regulation Act-1949.

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The petitioners also sought to quash proceedings initiated by CBI and the Enforcement Directorate against them based on wrongful declaration of fraud by various lender banks. The petitioners contended that the said circular issued by the RBI was without following principles of natural justice. They said that no opportunity of explanation was given to them by the banks before declaring their accounts as fraudulent. It was contended by the counsel appearing for the banks that the said plea was stayed by the Supreme Court. After hearing the parties, the panel reserved the matter for passing orders.

Writ petition dismissed

The panel on Monday dismissed a writ petition filed by M/s Nawab Fakrul Mulk Welfare Association and its members challenging the action of the State authorities in proposing to construct a multi-speciality hospital at Yousufguda in the city. The petitioner contended that title with respect to the land was recognised. The petitioner also said the property was subject matter of CS 17 which was pending before the High Court and a preliminary decree was already passed. They submitted that the custody of the same was taken over by the receiver without informing the court and without following provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. They urged for a direction to the State authorities not to statrt any construction of the proposed hospital on any portion of land without following due process of law. It was contended by the State that the property was purchased by the Government of Hyderabad. The panel held that the petitioners were not able to establish any title to the said property and dismissed the writ petition.

Govt told to file counter

The panel directed the State government to file counter and report on the steps taken by it from time to time in a PIL filed by Perala Sekar Rao seeking to publish all the government department orders, GO, notifications and circulars on Internet and update GOs on the official website. The petitioner contended that non-publishing of the same on public domain would be against public welfare. He sought to direct the State to make the GOs available in future to the public on official government websites and to appoint a senior officer who shall be responsible for prompt updating of the government website by ensuring proper flow of content to the official site.

PIL questions recruitment

The panel directed Rajiv Gandhi Institute of Medical Sciences, Adilabad, Director and District Collector of Adilabad to file counter within four weeks in a PIL filed by Gopidi Ram Reddy. The PIL challenged non-provision of rule of reservation in selection process pursuant to recruitment notification for various posts of Staff Nurse, Store Keeper, Steno, Record Assistant, Lab Technician, Technicians and Lab Attendants on outsourcing basis in RIMS, Adilabad. He also challenged the calling of applications from the candidates belonging to Adilabad District alone without giving wide publicity though Staff Nurse post is a zonal post. The petitioner said he had given many representations in this regard but did not get any response.

Writ petitions closed

Justice Abhinand Kumar Shavali recorded undertaking of the government to reinstate 98 displaced Junior Panchayat Secretaries and give them continuous benefits from the date of their appointment. The judge recorded the undertaking and closed a batch of six writ petitions. The selection of panchayat secretaries was faulted in an earlier batch of writ petitions by a single judge requiring the government to set aside their selections and start the entire process afresh. This was at the instance of about 20 candidates who were not selected. It was brought to the notice of the court that there were 76 vacancies against the original notification. Effectively by virtue of the orders of the court and the undertaking given by the government, 98 petitioners in the present batch of cases were accommodated with all benefits.

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