Kerala High Court
Stella Mable L vs The District Collector on 27 August, 2021
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 15858 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
WP(C) NO. 15858 OF 2021
PETITIONER/S:
STELLA MABLE L.
AGED 58 YEARS
W/O.DAVID, POTTAYIL VEEDU, KERALADITHYAPURAM,
POUDIKONAM P.O., THIRUVANANTHAPURAM - 695 587.
BY ADVS.
G.P.SHINOD
GOVIND PADMANAABHAN
AJIT G ANJARLEKAR
ATUL MATHEWS
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
COLLECTORATE, PEROORKADA, THIRUVANANTHAPURAM -
695001.
2 THE DEPUTY DIRECTOR
NATIONAL SAVING SCHEME, OFFICE OF THE DEPUTY
DIRECTOR, THIRUVANANTHAPURAM - 695 035.
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15858 OF 2021 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.15858 of 2021
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Dated this the 27th day of August, 2021
JUDGMENT
The petitioner has been working as a Mahila Agent under the Mahila Pradhan Kshetriya Bachat Yojana scheme from the year 1994 onwards. Ext.P1 is the appointment order dated 14.8.2018. As per the rules, the agent can only canvas for and receive investments in National Savings 5 years recurring deposit account. The appointment criteria were varied by the Union Government taking into account various situations. Ext.P3 is the instructions issued by the Ministry of Finance. As per Ext.P3, it is stated that a police verification certificate from the Police authorities is to be obtained by the appointing authority for renewal of licence. When the petitioner approached the competent authority for renewal of WP(C) NO. 15858 OF 2021 3 licence, the same is rejected as per Ext.P7 stating that as per Ext.P6, the petitioner is involved in a criminal case involving an offence punishable under Sec. 498 A IPC. Therefore, the renewal application of the petitioner is dismissed. Challenging Ext.P7, this writ petition is filed.
2. Heard counsel for the petitioner and the Government Pleader.
3. The counsel for the petitioner submitted that the intention to get a police verification certificate is clarified in Ext.P4 order by the Central Government. The counsel submitted that the intention is to safeguard the interest of the depositors as well as the Government. Simply because the petitioner is involved in a matrimonial offence, there is no prejudice to the depositors or the Government, the petitioner contended. The Government Pleader submitted that, in Ext.P6, it is clearly stated that the petitioner is an accused in crime No. 668/2021, which is registered alleging offence punishable under Sec. 498 A IPC. That is why, the petitioner's application was not considered as per Ext.P7. WP(C) NO. 15858 OF 2021 4
4. I perused Exts.P3 and P4. In Ext.P3, the Ministry of Finance, Department of Economic Affairs, Government of India stated that, at the time of issue and renewal of licence, police verification certificate from police authorities will be obtained by the appointing authority. It is also stated that this police verification will be in addition to the verification and procedures already invogue. When the agents and other affected parties approached the Central Government to lift the above condition, a clarificatory order was passed by the Central Government as evident by Ext.P4. Para 2 of Ext.P4 is extracted hereunder :
"2. The matter has been examined in this Ministry in consultation with Department of Posts and National Savings Institute. The necessity of police re-verification at the time of renewal of agencies has been incorporated to identify the agents, who could be facing criminal action or involved in frauds etc. The intention is to safeguard the interest of the depositors as well as the Government. Similarly, as far as preparation of negative list is concerned, this will include only those agents who are found to be involved in frauds and other irregularity. As such, there are no grounds to waive these requirements."
5. From the above, it is clear that the intention of getting the police verification report is to safeguard the interests of the depositors as well as the Government. WP(C) NO. 15858 OF 2021 5 Admittedly, the petitioner is an accused in crime No. 668/2021, which is registered alleging offence punishable under Sec. 498A of the IPC. It is a matrimonial offence. According to the petitioner, the daughter-in-law of the petitioner filed the above complaint and the case is now under investigation. I perused Ext.P7 order, by which the application of the petitioner for renewal is rejected. Ext.P7 order only says that since the case is pending investigation, the renewal application cannot be considered. I think, the authority concerned has not considered the effect of Ext.P4, while passing Ext.P7. According to me, a reconsideration by the authority concerned is necessary, in the light of Ext.P4 clarification issued by the Central Government. Consequently, Ext.P7 can be set aside and the authority concerned can be directed to reconsider the matter, after giving an opportunity of hearing to the petitioner.
Therefore, this writ petition is allowed in the following manner :
1) Ext.P7 order is set aside.WP(C) NO. 15858 OF 2021 6
2) The second respondent is directed to reconsider the application of the petitioner for renewal, in the light of Ext.P4, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 15858 OF 2021 7 APPENDIX OF WP(C) 15858/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO.02/N.S.A2/18/FIN DATED 14/08/2018 BY THE FIRST RESPONDENT.
Exhibit P2 A TRUE COPY OF THE INSTRUCTS NO.116- 352009-SB DATED 11/04/2011 ISSUED BY THE MINISTRY OF COMMUNICATIONS AND IT.
Exhibit P3 A TRUE COPY OF THE LETTER DATED 31/12/2010.
Exhibit P4 A TRUE COPY OF THE LETTER DATED 09/08/2011 ISSUED BY THE MINISTRY OF FINANCE.
Exhibit P5 A TRUE COPY OF THE APPLICATION FOR RENEWAL OF AGENCY DATED 26/07/2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
Exhibit P6 A TRUE COPY OF THE COMMUNICATION DATED 23/07/2021 ISSUED BY THE MANNANTHALA POLICE STATION TO THE PETITIONER.
Exhibit P7 A TRUE COPY OF THE LETTER NO.33/N.S.A1/21/FIN. DATED 26/07/2021 ISSUED BY THE SECOND RESPONDENT.