Allahabad High Court
Smt. Sahib Devi vs Branch Manager Bank Of India Lko. & ... on 10 March, 2021
Bench: Devendra Kumar Upadhyaya, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- MISC. BENCH No. - 2253 of 2021 Petitioner :- Smt. Sahib Devi Respondent :- Branch Manager Bank Of India Lko. & Others Counsel for Petitioner :- Manoj Kumar Singh Counsel for Respondent :- Yogesh Chandra Srivastava,Gopesh Tripathi Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner,Shri Gopesh Tripathi, learned counsel representing the respondent-bank and the learned State Counsel.
This Court, having regard to the facts of the case had passed an order on 04.02.2021 which is extracted hereinbelow:-
"Heard learned counsel for the petitioner and Sri Gopesh Tripathi, learned counsel representing respondent-Bank of India.
On the oral prayer made by the learned counsel for the petitioner, let the District Magistrate, Lucknow be impleaded as respondent no. 5.
Necessary amendments shall be incorporated by the learned counsel for the petitioner during course of the day.
The petitioner appears to be a very old lady of 90 years. She has a bank account with the respondent-Bank of India at its Subhani Khera Branch, Telibagh, Luckow. However, she is not able to withdraw the amount of family pension from the said account as she does not appear to fully capable of operating the account. It appears that she, being such an old lady, is suffering from multiple disabilities.
For the purposes of making certain provisions for ensuring the welfare of the persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, the Parliament has enacted the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. Section 13 of the said Act provides for constitution of Local Level Committees, according to which the Board of Trustee of the National Trust shall constitute a Local Level Committee which shall consist of an officer of the civil service of the Union or of the State, not below the rank of a District Magistrate or a District Commissioner of a district.
Section 14 of the said Act provides that parent of a person with disability or his relative may make an application to the Local Level Committee for appointment of any person of his choice to act as a guardian of the person with disability.
We are not aware as to whether any Local Level Committee under Section 13 of the said Act has been constituted in the State of U.P. so as to cover the territories of district-Lucknow.
The issue raised in this petition can easily be resolved if guardian of the petitioner is appointed who may be able to operate the bank account on her behalf from where the petitioner is receiving her family pension.
List/put up this case on 11-02-2021 as fresh.
Learned State Counsel shall seek instructions from the appropriate authority of the state/District Collector, Lucknow as to whether Local Level Committee has been constituted or is in place or not. "
In deference to the said order dated 04.02.2021, certain instructions have been produced by the learned State Counsel which have been provided to him by the office of the District Magistrate, Lucknow. As per the said instructions, Local Level Committee under The National Trust For Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, has been constituted for district Lucknow which is chaired by the District Magistrate, Lucknow and also comprises of one NGO member and one person with disability.
Accordingly, the committee as contemplated under Section 13 of the aforesaid Act of 1999 is in place.
In view of the aforesaid, we dispose of this petition with liberty to the son of the petitioner namely, Raju to move an application under Section 14 of the said Act for appointment of a guardian of the petitioner before the District Magistrate,Lucknow, who shall place the said application before the said committee and accordingly, an appropriate decision for appointment of guardian of the petitioner shall be taken by the Committee.
The decision to be taken by the committee under this order for appointment of the guardian of the petitioner i.e. Smt. Sahib Devi shall be taken within two weeks from the date the application is moved by the petitioner before the District Magistrate, Lucknow under this order.
Once the decision appointing the guardian is taken by the Committee, the said guardian shall be entitled to operate the bank account of the petitioner keeping in view the best interest of the petitioner.
Order Date :- 10.3.2021 AKS