"no useful purpose will be served if RBI hears the Petitioners before initiating the action on its part for withdrawing the Circular dated September 1, 2003."affirms RBI in pension updation case-wp2403 of 2409
"3. However, the question is now whether it would be necessary for Respondent No. 1 to hear the Petitioners before taking any action for withdrawal of updation of pension already granted vide Circular dated 1st September, 2003 to avoid unnecessary litigation. In this regard, I submit that in their order dated April 27, 2009 in Writ Petition No. 710 of 2009, this Hon’ble Court had directed the Petitioners to make a representation to Respondent No.2 with a copy to this Respondent. This Hon’ble Court had further directed that Respondent No. 2 would dispose of the representation by a speaking order after giving an opportunity of being heard to the Petitioners. I submit that due process of hearing the Petitioners has already been concluded with Respondent No. 2 passing a speaking order dated October 23, 2009. The principles of natural justice requiring a hearing to be given before an adverse action have already been followed.
4. I further submit that keeping in view the objections raised by Respondent No. 2 that updation cannot be granted without amending the RBI Pension Regulations, 1990 (hereinafter referred to as “Pension Regulations”), Respondent No. 1 has forwarded a proposal with the approval of its Central Board in October 2011 itself to Respondent No. 2 seeking their approval to amend the Pension Regulations, inter alia, to explicitly provide for updation of pension from time to time as may be decided by the Central Board of Respondent No. 1. The proposal is presently under consideration of Respondent No. 2.
5. In the light of the aforesaid paragraph 3 and 4, I submit that no useful purpose will be served if Respondent No. 1 hears the Petitioners before initiating the action on its part for withdrawing the Circular dated September 1, 2003."
Solemnly affirmed at Mumbai, this
11th day of September, 2012 Sd (Neeraj Nigam)