D Gopi vs Reserve Bank Of India,
2022 Latest Caselaw 4688 AP

      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

           MAIN CASE No:W.P.No.11876 of 2022

                   PROCEEDING SHEET

SL.     DATE                           ORDER                                     OFFICE
NO.                                                                               NOTE
7.    27.07.2022 RRR, J

                       The petitioner, who is a valuer, had been
                empanelled by various banks, for the purpose
                of carrying out valuation of assets which are
                being given as security to the banks. It
                appears that the petitioner had been removed
                from the panel of respondents 3 and 4 on the

ground that there were certain irregularities in a valuation report submitted by him, in relation to certain assets given as security for loans, given by respondents 3 and 4.

Thereafter, the 3rd respondent, by a letter dated 05.08.2021 had forwarded the name of the petitioner, to be published by 2nd respondent in a caution list maintained by them relating to third party entities involved in frauds as set out by the R.B.I under the guidelines issued in Circular No.DBS.CO.Fr.MC.BC.No.3/23.08.001/2008- 09 dated 16.03.2009.

The petitioner being aggrieved by the said letter dated 05.08.2021 and the underlying circular mentioned above, has approached this Court contending that the said action of the 3rd respondent, in sending the list to the 2nd respondent, and the action of the 2nd respondent in putting the name of the petitioner in such a list and circulating the same among the various banks which are the members of the 2nd respondent, is clearly impermissible and violative of his rights enshrined under Article 19 and 21 of the SL. DATE ORDER OFFICE NO. NOTE Constitution of India.

The matter has been pending before this Court since 27.04.2022 and notices had been served on respondents, including the 2nd respondent, and proof of service has been filed vide USR.No.39309 of 2022 on 07.07.2022.

There is no appearance for 2nd respondent.

The issue raised by the petitioner, namely whether circulation of his name in a list of persons who are termed as undesirable, is violative of his rights under Article 21 of the Constitution of India which includes the right of privacy, as enunciated by various Judgments of the Hon'ble Supreme Court, requires a deeper analysis.

In the circumstances, the 2nd respondent is directed not to circulate the name of the petitioner or to retain the name of the petitioner in the caution list of 3rd party entities involved in frauds, for a period of eight weeks.

Post on 22.08.2022.

                                                              ________
                                                               RRR, J
                                                                    RJS
 SL.   DATE   ORDER   OFFICE
NO.                   NOTE