Gauhati High Court
Ayush Agarwalla @ Mour vs The Union Of India And 4 Ors on 6 February, 2019
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010041662018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1344/2018
1:AYUSH AGARWALLA @ MOUR
S/O. SRI VIKASH AGARWALLA, R/O. DR. PADMESHWAR HANDIQUE ROAD
OF PARBETIA, P.O., P.S. AND DIST. TINSUKIA, ASSAM
VERSUS
1:THE UNION OF INDIA AND 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF POST
AND TELEGRAPHS DEPTT., NEW DELHI.
2:THE DIRECTOR OF ACCOUNTS (POSTAL)
REHABARI
GUWAHATI
3:THE GENERAL MANAGER
POSTAL ACCOUNTS AND FINANCE
KOLKOTA
4:THE SENIOR SUPDT. OF POST OFFICES
GUWAHATI DIVISION
GUWAHATI
ASSAM.
5:THE SUB POST MASTER
FANCY BAZAR POST OFFICE
GUWAHATI
GHY.
ASSA
Advocate for the Petitioner : MR. P J SAIKIA
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Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 06.02.2019 Heard Mr. P.J. Saikia, learned counsel for the petitioner as well as Mr. S.C. Keyal, learned ASGI.
By this writ petition, the case projected by the petitioner is that he was born on 29.06.1999. As his father has expired, his parental grandfather has purchased a few piece of Kisan Vikas Patra (KVP) having a face value of Rs.7,00,000/- as well as various National Saving Certificate (NSC) for a sum of Rs.3,00,000/- totaling Rs.10,00,000/- in favour of the petitioner with a condition that the same would be payable to the beneficiary on attaining the age of majority and accordingly, one Mahesh Agarwal was appointed as the authorized signatory. The petitioner has projected that he had attained the age of majority on 29.06.2017 and accordingly, on 05.10.2017, he had made a request to the Postmaster of Fancy Bazar S.O., Guwahati for allowing the petitioner to operate the KVP bearing registration No. 2702 dated 10/13.12.2004 and also claimed payment against his KVP and NSC. It is projected that while payment of NSC dues were made, the petitioner has not yet received payment as against the KVP's.
The learned counsel for the petitioner has submitted that the petitioner has come to know that notwithstanding that the petitioner was holding the original KVP's, as per records of the Postmaster of Fancy Bazar S.O., Guwahati payment against such KVP's were made. Hence, it is submitted that as the petitioner is holding the original KVPs and no payment against such KVP's could have been made without validly discharging such KVP's and surrendering the same, the petitioner is entitled to payment against such KVP's along with the applicable rate of interest.
The learned ASGI has submitted that he has been instructed that the postal authorities are carrying out investigation in the matter and he submits that there is every likelihood that Page No.# 3/3 the departmental enquiry would be completed within a reasonable time and thereafter, the payment due to the petitioner would be released.
Having considered the said submissions, this Court is of the view that as the case projected by the petitioner is that he is holding the original Kisan Vikas Patra (KVP) having face value of Rs.7,00,000/-, the postal authorities are bound to pay the petitioner the amount due against the said KPVs. Notwithstanding that any enquiry may be going on by the Postal Department, that in itself is not the ground to withhold the payment due to the petitioner. Moreover, in this regard, the learned counsel for the petitioner has made an offer that the petitioner is also willing to furnish a indemnity bond/ undertaking that in the event the petitioner is found to be implicated in the matter of obtaining payment against the said KVPs, he would refund the maturity amount inclusive of interest to the Postal Department.
Accordingly, on considering the submissions made by the learned ASGI to the effect that the postal authorities are conducting an enquiry, this Court is inclined to issue a direction to the Post Master, Fancy Bazar S.O., Guwahati, (respondent No.5), the Senior Superintendent of Post Offices, Guwahati Division Guwahati (respondent No.4) as well as the Director of Accounts (Postal), Rehabari, Guwahati (respondent No.2) to complete their enquiry within a period of 1(one) month from the date of receipt of a certified copy of this order and thereafter, the amount due to the petitioner shall be released within a period of 7(seven) days following the aforesaid one month's period allowed for enquiry, with applicable interest till the date of payment of such KVPs.
It is further provided that if for any reason the enquiry by the postal authorities is not completed within aforesaid time line, the said authorities will still be obliged to release the amount due to the petitioner on obtaining undertaking/ indemnity bond from the petitioner.
With the aforesaid direction, this writ petition stands allowed.
JUDGE Comparing Assistant