Partly allowed

FPA-43/DLI/2016 of Krishna Verma v/s The Competent Authority, Delhi

ATFP8 Aug 2016FPA-43/DLI/2016

Case brief

AI extract

What is this about?

The Acting Chairman allowed the appellant to operate her bank account only for the receipt and withdrawal of future pension amounts. The appellant must provide monthly pension details for verification before first use, and file quarterly bank statements thereafter. The main appeal is adjourned, and notice is issued.

What did the court decide?

Appellant permitted to operate account for receiving and withdrawing pension only; must submit monthly pension details before first withdrawal and file quarterly statements subsequently.

FPA-43/DLI/2016 of Krishna Verma v/s The Competent… — Pension and Retirement Benefits | ATFP (2016)

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APPELLATE TRIBUNAL FOR FORFEITED PROPERTY AT NEW DELHI

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MP-116/DLI/2016(Addl. Doc) MP-115/DLI/2016 (Stay) FPA-43/DLI/2016

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Krishna Verma … Appellant

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Versus

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The Competent Authority, Delhi … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	: Shri Faisal Farook, Advocate
For the respondent	: Shri Munir Kumar, Advocate
CORAM SHRI KAUSHAL SRIVASTAVA	: ACTING CHAIRMAN

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ORDER 08.08.2016

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MP-115/DLI/2016 (Stay)

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Shri Faisal Farook, Advocate learned counsel for the appellant submits that one of the Bank accounts of the appellant forfeited in the impugned order namely S/B Account No. 129000031181 of Andra Bank, Janakpuri, Delhi is a pension account of the appellant who is 78 years old. The amount that was lying in the account as on 28.06.2016 has already been transferred by the Bank to the Competent Authority ( C.A.) after issue of order dated 10.06.2016 under section 19(1) of the SAFMA Act, 1996. He submits that the pension received by the appellant is the only source of income available to the appellant at this stage and these funds are essential for meeting the day to day requirements of the appellant and her family. He submits that in view of the complexities involved in opening a new pension account, the appellant may be allowed to operate the account only for receipt and withdrawal of her pension.

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FPA-43-DLI-2016

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Page 1 of 3

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In view of the grounds on which the request is made. Shri Munir Kumar, Advocate learned counsel for the respondent does not oppose the request of the appellant in principle. He however submits that the amounts in this account were forfeited because apart from the pension amount there were other transactions and fund transfer from and to this account. He has argued that use of the account should be permitted exclusively for receipt and withdrawal of pension and for no other amount.

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In view of the position discussed above, the appellant may operate the related Account only for receipt and withdrawal of pension amount as may be received subsequent to 28.06.2016 being the date on which the available funds in the account have already been transferred to the Competent Authority. Prior to receipt/withdrawal of the pension amount in/from this account for the first time, the appellant is directed to submit details of the monthly pension received by her alongwith the related evidence thereof to the Respondent/Competent Authority who, after verification as considered necessary, permit the appellant to receive and withdraw the pension amount in/from this account. Once prior clearance for receipt/withdrawal of the pension amount from the said account has been obtained from the respondent, the appellant should file Bank attested quarterly statements of the account with the respondent showing the amount of pension received during such period and amounts withdrawn. The Stay application is disposed off in the above terms.

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MP-116/DLI/2016(Addl. Doc) & FPA-43/DLI/2016

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Issue notice of the appeal and application to the respondent. Mr. Munir Kumar, Advocate, learned counsel for the respondent accepts notice and seeks time to file the reply. Reply be filed within four weeks with an advance copy to the counsel for the respondent. Rejoinder, if any, be filed by two working days before the next date of hearing.

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FPA-43-DLI-2016

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Page 2 of 3

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List on 4^th October, 2016.

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(Kaushal Srivastava) Acting Chairman

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New Delhi, 08^th August, 2016.

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‘s’

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FPA-43-DLI-2016

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Page 3 of 3

FPA-43/DLI/2016 of Krishna Verma v/s The Competent Authority, Delhi

Case brief

What is this about?

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FPA-43/DLI/2016 of Krishna Verma v/s The Competent Authority, Delhi

Case brief

What is this about?

What did the court decide?

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