D.S. Kauntae v. Principal Secretary Ministry of Telecommunication & Information Technology and Ors

SANGITA DHINGRA SEHGAL, J SEPTEMBER 26, 2016 kks

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26.09.2016 + W.P.(C) 11593/2015 D.S. KAUNTAE ..... Petitioner Through: Petitioner-in-person. Versus PRINCIPAL SECRETARY MINISTRY OF TELECOMMUNICATION & INFORMATION TECHNOLOGY AND ORS. ..... Respondents Through: Ms. Shubhra Parashar, Advocate. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL Ms. G.ROHINI, CHIEF JUSTICE (ORAL) 1. This petition has been filed with the following prayer; "(a) Issue a writ in the nature of certiorari and quash/set aside the relevant impugned portion of Rule 101(ii)(b) and Rule 101(ii)(b)(iv) of The Post Office Recurring Deposit Rules, 1981 (Annexure P-5, page-30) being ultra-vires to the general public policy; (b) Further issue a writ in the nature of "mandamus" commanding/directing the respondents to immediately release the entire sum of petitioner"s R.D. Account No. 0454039711 along with 12% interest per annum payable w.e.f. 22.09.2015 till actual date of the payment of the entire sum lying with the Respondent No.6 in the above mentioned RD Accounts without any due authority of law; (c) Pass such other and further orders as this Hon"ble Court may deem fit and proper in the interest of justice." 2. The facts in brief are as under: The petitioner opened a Recurring Deposit on 11.03.2014 in the Delhi High Court Post Office for a denomination of Rs.10,000/- per month for a period of 5 years. It is pleaded that the petitioner made regular payments every month till 06.02.2015. Thereafter, for a period of six months he could not deposit the monthly installments and on 22.09.2015, when the petitioner sought to deposit a sum of Rs.60,000/- together with penalty amount, if any, it was not accepted and the petitioner was informed that his R.D. Account stands "frozen" on account of default. On 22.09.2015 itself, the petitioner made a representation to the respondent Nos.3 to 5 herein stating that in terms of Rule 101(ii)(b) of the Post Office Recurring Deposit Rules, 1991, it is not proper to freeze his R.D. Account and accordingly requested to revive the account. As there was no response, the petitioner got issued a legal notice dated 16.11.2015 and then filed the present petition on 07.12.2015 with the above prayer. 3. A counter affidavit has been filed on behalf of the respondent Nos.1 to 6 stating that the revival of the R.D. Account of the petitioner is not permissible as per Rule 101(ii)(b) of the Post Office Savings Bank Manual Volume-I according to which the account shall be treated as discontinued if there are more than four defaults and that the revival can be permitted only within a period of two months from the month of fifth default after payment of necessary default fee. It is explained that the monthly installments in respect of the petitioner's R.D. Account were made till 06.02.2015 and thereafter as admitted by the petitioner himself no deposits were made till 22.09.2015. It is therefore contended that on account of four defaults by 06.06.2015, the R.D Account was treated as discontinued. Though the petitioner could have sought revival of the account within a period of two months from the month of fifth default i.e. 06.07.2015, he failed to do so. Therefore, the R.D. Account of the petitioner was rightly treated as frozen. It is also pleaded that as per Rule 119(i)(a) of the Post Office Savings Bank Manual Volume-I read with Rule 9A of the Post Office Recurring Deposit Rules, 1981 as amended vide Notification dated 04.11.1999, pre-mature closure of R.D. Account is not permissible before expiry of three years from the date of opening of the account and that the three years period has not lapsed in the instant case. 4. Heard both the parties. 5. The material placed on record shows that the Small Savings Schemes of the Government of India are governed by the Government Savings Bank Act, 1873, Government Savings Certificates Act, 1959 and Public Provident Fund Act, 1968. In exercise of the powers conferred by t