1950 Supreme(Cal) 109
ROXBOURGH
Chief Accounts Officer – Appellant
Versus
Indra Lull – Respondent
Advocates:
Bhabesh Narayan Bose - for Petitioner; Sanat Kumar Mukherji and Subodh Kumar Bhattacharyya - for Opposite Party.
Order. - This is a Rule against an extraordinary order by the Munsif, First Court, Asansol, directing that a sum of Rs. 92-12-0 be attached from the pay of the Chief accounts officer, East Indian Railway, falling due on 1-3-1950, and thereafter from month to month until the final liquidation of the claim in the execution case before him. The execution case was being carried on against a judgment-debtor, E. W. Adams, an employee of the Railway. The learned Munsif holding that his orders under O. 21, R. 48, C. P. C., were not being complied with thought that he could apply the necessary screw on the Chief Accounts Officer by directly attaching that officers pay. Obviously, the learned Munsif has no such power. A faint suggestion was made before me that under O. 21, R. 46 (b), C. P. C., the learned Munsif had such power but even assuming that the rule applied, the garnishee in that case would not be the Chief Accounts Officer but the Government the employer of the judgment-debtor. In no circumstances could the learned Munsif attach directly the pay of the Chief Accounts Officer himself.
2. The result is that the rule is made absolute and the order is set aside. The petitioner, namely,
Click Here to Read the rest of this document