ALL INDIA RESERVE BANK RETIRED EMPLOYEES ASSOCIATION
Office: C/o. L. R. Parab, Reserve Villa, R. H. Plot No. 86, Sector 2, Koparkhairane, Navi Mumbai 400 709.
Tel.: 022 2754 5423, Cell: 98690 21624, E-mail: lrparab@hotmail.com
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Parab L R
5th July 2018
Shri Ravi Shankar Prasad
Hon'ble Minister of Law and Justice Government of India
New Delhi.
Respected sir,
Autonomy of RBI -Subordinate Legislation Committee-
Twentieth Report & Courts comments
Kindly find our attached letter dated 4th July 2018 to Shri Narendraji Modi, the Hon'ble Prime minister of our nation. It is in the matter of autonomy to Reserve Bank of India, in the Administrative Domain i.e. staff recruitment, salary, pension, etc.
Reserve Bank of India (RBI) being one of the Regulatory Authorities of India, deserves befitting treatment from various departments of GOI. But to our dismay bureaucrats from Ministry of Finance (MoF) have taken RBI for a ride and delayed revision of pension to RBI pensioners for the last fifteen and half years for no justified reasons. Ultimately, they have advised, vide their letter F.No.11/5/2001 IR dated 26th Feb 2018, rejection of RBI proposal of revision of pension and one more pension option. This action of them is against the provisions made in the statues, RBI Act 1934 and RBI Pension Regulations 1990. Since these statutes were passed by the Parliament of India, they have no authority to reject the RBI proposals. We, therefore, bring to your kind notice following points only from law point of view.
Subordinate Legislation Committee(SLC)- Twentieth Report & Courts comments
We have already explained in the letter attached to the Hon'ble Prime Minister that bureaucrats of MoF have transgressed their limits and encroached on the rights of the Parliament. By negating RBI proposals vide their above referred letter, they have acted contrary to the Statutes (stated in previous Para) passed by the legislatures of the nation. Secondly, the twentieth Subordinate Legislation Committee in their report submitted on 10th August 2017 to the Lok Sabha has recommended that Administrative Domain may please be solely continued with RBI, in terms of provisions made in above referred statutes. Yet no wisdom has dawn on them and they have continued to oppose powers of RBI in pension matters.
In this context, we cite recent judgment by the Hon'ble Supreme Court (Please refer to the attached letter addressed to the Hon'ble Prime Minister) wherein it is directed that the report of any parliamentary committee can be presented in the court of law under the Evidence Act and no court can challenge it. Here in the matter of SLC report, MoF Executives are virtually challenging it by not implementing recommendations of the SLC. It is surprising to note that when the Supreme Court says, no Parliamentary Report can be challenged how come that the Executives of MoF challenge it.
We may further add that recently the Hon'ble Bombay High Court (Please refer to the attached letter addressed to the Hon'ble Prime Minister) has made it clear that Regulatory Authority like RBI should not be treated as puppet. Sir, if you examine the correspondence exchanged between MoF and RBI in pension matters during the period of last 10 years, you may please find that RBI has been unfortunately treated as puppet in their hands. Every time not only there is a shift in their stand but also raised irrelevant queries, as if RBI is true puppet in their hands. For obvious reasons RBI has not asserted its authority in pension matter. Records would also speak that MoF has also made RBI to change its earlier stand in affidavit in pension matter before the Bombay High Court. In the light of above referred Bombay High Court Judgment, actions of Executives of MoF are against the spirit of the judgment.
We understand that as a Minister of Law and Justice of the nation you have been advocating to comply with the National Litigation Policy wherein it is envisaged that principles laid down by the Supreme Court are to be followed by everybody so that unnecessary litigation is avoided. In above referred matter of pension Revision in RBI, Executives of MoF do not
i) observe provisions in the statutes passed by the Parliament;
ii) accept recommendations of the Parliamentary Committee(here Subordinate Legislation Committee) and
iii) go by the principles laid down by the Supreme Court.
We, therefore, earnestly request you to streamline the position in the above referred matter of pensioners of Reserve Bank of India and restore the honour of RBI and also help thereby RBI pensioners who are in distress for the period of fifteen and half years.
We further fervently appeal to you to kindly give legal feed-back keeping in view above three points to Shri Narendraji Modi, Honourable Prime Minister of India.
We sincerely wish that as a Honourable Minister of Law and Justice of India, kindly establish rule of law and help the nation.
With respectful regards,
Yours faithfully
General Secretary
Encls. - 6
RB Kishore
VP,AIRIEF,
ED(Retd),LIC
Life Member,Probus Club
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