The court affirmed the compliance of statutory obligations regarding the Trust Fund for Persons with Disabilities, concluding the monitoring committee's responsibilities as the legal framework is now established.

ORDER

1. Writ Petition (C) Nos. 360 of 2009 and 301 of 2005 (PIL-W) filed seeking implementation of the judgment dated 16th April, 2004 passed in the Indian Banks’ Association , Bombay and others v. Devkala Consultancy Service and others reported in 2004 (11) SCC 1 were disposed of by this Court vide order dated 11th August, 2017.

2. While disposing of the said writ petitions, this Court was pleased to pass the following order:

“ ……….4. With the above observations, we dispose of these petitions with the direction, that the Committee constituted by this Court vide its order dated 14.10.2014 comprising of representatives of Reserve Bank of India, the Comptroller and Auditor General of India, Small Industries Development Bank of India, Union of India and the Indian Banks Association will oversee the implementation of the directions contained in the above-mentioned order.”

3. The present Miscellaneous Application has been filed in pursuance of the aforesaid order, whereby this Court directed the said Committee to oversee the implementation of the directions issued.

4. Mr. Amrish Kumar, learned counsel, has placed on record a compliance affidavit in a sealed cover, which has been opened and duly perused by this Court.

5. The gist of the compliance affidavit is noted hereinbelow: -

1. This Court, in Indian Banks Association (supra), directed the creation of a Fund for effective implementation of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, to be managed under the chairmanship of the Comptroller and Auditor General of India (CAG). In compliance thereof, the Central Government issued a notification dated 21st November, 2006 constituting the “Trust Fund for Empowerment of PwDs” under the Charitable Endowments Act, 1890. Subsequently, the 1995 enactment stood repealed and replaced by the Rights of Persons with Disabilities Act, 2016 (RPwD Act), along with the Rules framed thereunder. Thereafter, this Court, vide order dated 14th October, 2014 passed in WP (C) No. 360 of 2009, directed the Reserve Bank of India (RBI), the CAG, the Small Industries Development Bank of India, the Union of India and the Indian Banks’ Association to jointly deliberate and place concrete suggestions for implementation of the judgment in, including determination of the actual amounts payable by the concerned banks to the Trust Fund (now subsumed into the National Fund). Pursuant thereto, the Committee held several meetings and, in its final meeting, chaired by the CAG on 28th February, 2025, accepted the recovery methodology proposed by the RBI after considering the collections already effected and the financial viability of the remaining entities, whereupon the following decisions were taken:

a) Recovery from Six Banks without Records: These banks deposited Rs. 50 lakhs each into the Trust Fund. RBI proposed recovery based on notional excess interest calculated from banks with equivalent assets in 1997. RBI will initiate correspondence to recover outstanding dues.

b) Recovery from Eight Merged/Non-existent Banks: These banks have deposited Rs. 50 lakhs each.

Since interest recovery details are unavailable due to mergers, RBI proposed a lump-sum recovery of Rs. 50,000/- from each bank. RBI will attempt recovery within six months; no further action thereafter due to the small amount involved.

c) Recovery from Commerzbank AG & Dresdner Bank AG: Following their merger, certain funds were withheld by RBI. The Committee agreed to recover a lump-sum of Rs. 3 lakhs from the withheld funds, as directed by CAG, and deposit it into the Trust Fund.

d) Recove