Seeking dismissal of Swamy's plea, the RBI said the petitioner has no locus standi to file the petition and it is "riddled" with factual and legal inaccuracies.
The Reserve Bank of India (RBI) told the Supreme Court on Wednesday it has an internal mechanism to examine an employee's conduct and the averments made by BJP leader Subramanian Swamy in his plea seeking a probe into the alleged role of its officials in various banking scams are "fallacious and non-substantiated".
Seeking dismissal of Swamy's plea, the RBI said the petitioner has no locus standi to file the petition and it is "riddled" with factual and legal inaccuracies. "In this regard, it is submitted that the averments made by the Petitioners trying to link the scams to the RBI Officials is fallacious and non-substantiated in the absence of any prima facie evidence produced by the Petitioners. "It is submitted that the RBI has an internal mechanism / framework to examine an employee's conduct if there are any specific allegations, or prima facie evidence with respect to his actions or omissions. The Petitioners have not presented any evidence or specific allegation in this regard and have merely made vague and ambiguous wild allegations against the entire institution of the answering Respondent," the RBI said in an affidavit filed in the top court.
The RBI told the top court it also has a Central Vigilance Cell (CVC) which oversees the conduct of the employees. "It is for the investigating agencies to conduct investigations as per the laid down procedures and applicable law. Most of the scams referred in the present PIL are already under investigation by the CBI & Enforcement Directorate (ED). "It is not for the Petitioners to direct the course of investigations and decide the aspects which are to be pursued by the law enforcement agencies. The answering Respondent herein seeks leave of this Court," it said.
The affidavit was filed in response to a plea by Swamy seeking a probe into the alleged role of Reserve Bank of India (RBI) officials in various banking scams. During the hearing on Wednesday, a bench of Justices B R Gavai and Vikram Nath granted three weeks to Swamy to file his rejoinder to the affidavit. On October 17, the appex court had issued notices to the Central Bureau of Investigation and the RBI on Swamy's plea. Swamy has alleged in the plea that RBI officials had acted in “demonstrable active connivance” in direct violation of statutes, including the Reserve Bank of India Act, Banking Regulation Act and State Bank of India Act, and that their involvement in scams by various entities such as Kingfisher, Bank of Maharashtra and Yes Bank has not been probed.