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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Kanaklata Kakati W/o- Late Tankeswar Borkakati – Appellant
Versus
Union of India – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
The instant writ petition under Article 226 of the Constitution of India is preferred by the petitioner on being aggrieved by an Office Letter dated 29.03.2017 issued by the respondent no. 4, whereby, the respondent no. 4 had requested the petitioner to refund an amount of Rs. 1,75,685/- at an early date for settlement of the petitioner’s claim case.
2. The reason assigned for asking refund of the amount of Rs. 1,75,685/- is that the amount has been earned as interest in excess. The petitioner has been informed by the Office Letter dated 29.03.2017 that the refund of the said excess amount of interest is necessary for settlement of the claim made by the petitioner in respect of the MIS Accounts, opened and operated by the husband of the petitioner, as during the course of such investment in the MIS Accounts, the petitioner’s husband, Late Tankeswar Borkataki exceeded the prescribed upper permissible limit of Rs. 4,50,000/-. The petitioner has been informed that the petitioner’s husband, Late Tankeswar Borkataki had thereby, earned monthly interest thereon in excess.
3. The petitioner is the widow of one Late Tankeswar
A nominee cannot be held liable for excess interest earned on accounts operated by the deceased when the authorities failed to notify the depositor of exceeding limits during his lifetime.
Employee's failure to calculate interest according to permissible limits under the Monthly Income Scheme led to lawful disciplinary action, emphasizing the responsibility of employees in public servi....
(1) Internal procedure enquiry - the depositors cannot be made to continue to suffer for the sake of an internal procedural enquiry of the petitioner.(2) Non-suited - The respondent cannot be non-sui....
Notification changes to the Public Provident Fund scheme do not retroactively affect accounts opened prior, especially when respondents failed to inform account holders of the amendments.
Point of Law act of officers of the Bank who have allegedly harassed the petitioner over payment of pension and have displayed apathy towards her grievances and would make it clear that any such iter....
The court ruled that PPF accounts for minors should be treated separately post-majority, emphasizing beneficial interpretations of statutory provisions.
Recovery of excess payments from the widow of a Class-III employee post-mortem is impermissible under law, reaffirming the principle established in Rafiq Masih case.
Preventive measures can be applied to freeze accounts during investigations of alleged fraud where sufficient suspicion is present, emphasizing due process rights under Article 300-A.
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