Partly allowed

Chandra Sen Singh v. the Union of India through Director General of Posts and Telegraphs

Jharkhand HC2 Jun 2020WPC/7198/2019

Case brief

AI extract

What is this about?

The Court issued directions to the Chief Post Master General to expedite the transfer of the petitioner's five-year term deposit amount from a sub-post office to his savings account in Ranchi with applicable interest, directing a decision within two months after a hearing.

What did the court decide?

Direction to respondent no.2 to investigate the grievance, hear the petitioner, and decide on the transfer of Rs.3.42 lacs with interest within two months.

Chandra Sen Singh Vs the Union of India through… — Service and Employment | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7198 of 2019

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Chandra Sen Singh .......... Petitioner.

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-Versus-

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The Union of India, through Director General of Posts & Telegraphs, Government of India, New Delhi.

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The Chief Post Master General, Department of Posts, Jharkhand Circle, Meghdoot Bhawan, Doranda, Ranchi.

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Superintendent of Post Offices, Ranchi Division, Meghdoot Bhawan, Doranda, Ranchi.

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Superintendent of Post Offices, Palamau Division, Daltonganj.

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Inspector of Posts, Latehar Sub Division, Latehar.

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.......... Respondents.

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----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner : Mr. Ashok Kumar Jha, Advocate For the UOI : Mr. Niraj Kumar, J.C. to ASGI ----- Order No.04 Date: 02.06.2020

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This case is taken up through audio/video conferencing.

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The present writ petition has been filed for issuance of direction upon the respondents to transfer the amount pertaining to five years Term Deposit Account No.103516 to 103522 amounting to Rs.3,42,000/- (Rs.50,000/-x 6 & Rs.42,000/-x 1; total Rs.3,42,000/-) opened at Mahuadand Sub Post Office, under Head Post Office at Daltonganj to the savings account of the petitioner bearing A/c. No.3099586578 maintained at Doranda Post Office, Ranchi along with interest.

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Learned counsel for the petitioner submits that the petitioner is a civil contractor, who undertakes various civil works allotted by the State Government/its agencies. In the year 2009, a tender was issued from the office of the Chief Engineer, Jharkhand State Rural Road Development Authority (JSRRDA) (an authority in Rural Development Department) pertaining to construction of roads under Pradhan Mantri Gram Sadak Yojna (PMGSY) and their maintenance for five years. The petitioner being the successful bidder was allotted the said work vide letter no.728(WE) dated 2^nd March, 2009 issued by the office of the Chief Engineer, JSRRDA. Thereafter, Agreement No.CAT-2/2009-10

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was executed between the petitioner and the Executive Engineer, Rural Works Division, Latehar. The Executive Engineer, Rural Works

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Division, Latehar vide letter no.370 dated 2^nd May, 2009 directed the petitioner to initiate the work after consulting the concerned Assistant Engineer, Rural Works Sub Division, Latehar and the Junior Engineer, Mahuadand Section. It is further submitted that as per the tender condition, the petitioner was required to deposit Rs.5.91 lacs in the form of fixed deposit receipt (FDR) of schedule commercial bank or NSC or Post Office Term Deposit (3/5 years) duly pledged in favour of the Executive Engineer, Rural Works Division, Latehar-cum-Project Officeer, JSRRDA, Latehar. The petitioner submitted the tender along with earnest money of Rs.6.90 lacs, out of which Rs.3.42 lacs was in the form of five years Term Deposit Account bearing A/c No.103516, 103517, 103518, 103519, 103520, 103521 of Rs.50,000/- each and A/c. No.103522 of Rs.42,000/- opened in Sub post Office, Mahuadand, under Head Office, Daltonganj. The said amount of Rs.3.42 lacs in the form of five years Term Deposit Account was pledged in favour of the Executive Engineer, Rural Works Department, Works Division, Latehar. After completion of the work, the said amount of Rs.3.42 lacs maintained in the accounts was ordered to be released to the petitioner by the Executive Engineer, Rural Works Department, Works Division, Latehar vide his letter no.1612 dated 8^th December, 2013, a copy of which has been annexed as Annexure-3 to the writ petition. Pursuant to the said letter, the petitioner submitted an application along with term deposit certificates in original in Doranda Post office, Ranchi on 22^nd February, 2014, requesting therein to transfer the said term deposit amount to Savings Account No.3099586578 maintained by the petitioner at Doranda Post Office, Ranchi. The acknowledgement slip was also issued under the signature of the APM, SB(I), Doranda, Ranchi. Thereafter, no action was taken by Doranda Post Office in this regard, which compelled the petitioner to represent the respondent no.2- Chief Post Master General, Department of Posts, Jharkhand Circle, Meghdoot Bhawan, Doranda, Ranchi on the said issue on 21^st November, 2014. Thereafter, the petitioner received letter dated 25^th August, 2015 issued under the signature of the respondent no.5, requesting him to remain present at 11:00 a.m. on 7^th September, 2015 in the office of Inspector of Posts, East Sub Division, Daltonganj for “confronting enquiry”. The petitioner received

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the said letter belatedly, however, vide his letter dated 18^th September, 2015 he raised an objection regarding purpose of the said “confronting enquiry”. The said letter issued by the petitioner was not responded, which again compelled the petitioner to represent the respondent no.2 on 30^th March, 2016. Thereafter, vide letter dated 24^th May, 2016 issued from the office of the respondent no.2, the Superintendent of Post Offices, Palamau Division, Daltonganj- respondent no.4 was asked to look into the matter and to resolve the grievance of the petitioner, however, nothing was done by the respondents, which has compelled the petitioner to approach this Court by filing the present writ petition.

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Mr. Niraj Kumar, learned J.C. to ASGI, appearing on behalf of the respondents submits that on perusal of the letter dated 24^th May, 2016 issued by the office of the respondent no.2, it appears that the respondent no.4 was already directed to look into the matter and to resolve the grievance of the petitioner. However, he does not have instruction, as to why the aforesaid amount of the petitioner has been lying with Sub Post Office, Mahuadand, under Head Office at Daltonganj and has not been transferred to the concerned account of the petitioner at Doranda Post Office, Ranchi.

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Having heard learned counsel for the parties and considering the nature of the grievance raised by the petitioner through the present writ petition, this Court directs the respondent no.2 to take up the matter and on providing due opportunity of hearing to the petitioner/his representative and any other concerned person shall take an informed decision as expeditiously as possible preferably within a period of two months from the date of receipt/production of a copy of this order. If it is found that the petitioner is entitled to get the aforesaid amount deposited by him in the concerned post office, the same shall be paid to him forthwith along with up to date applicable interest with effect from the date of maturity of the said term deposits till the actual payment.

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The writ petition is disposed of with the aforesaid observations and directions.

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(Rajesh Shankar, J.)

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Sanjay/

Chandra Sen Singh v. the Union of India through Director General of Posts and Telegraphs

Case brief

What is this about?

What did the court decide?

Chandra Sen Singh v. the Union of India through Director General of Posts and Telegraphs

Case brief

What is this about?

What did the court decide?

What the court decided

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