LALIT MOHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE petitioner, who at the relevant time was appointed on ad hoc basis as Sales Point Supervisor in the Agriculture Department and posted in Babaganj Block and given charge of Fatuhabad Seed Store, has come up with two fold prayers:- (i) to quash the citation dated 22-12-1987 issued by the Assistant Collector and Tehsildar, Tehsil Phulpur, District Allahabad as contained in Annexure 4 (wrongly mentioned in the prayer portion as the order dated 22-12-1987) asking him to pay a sum of Rs. 5226. 81 plus interest plus collection charges allegedly and (ii) to command the Respondents not to adopt any coercive measure compelling him to pay the amount in question.

(2.) HAVING regard to the submissions made at the Bar by Dr. R. G. Padia, learned Senior Counsel appearing on behalf of the Petitioner and Sri H. R. Mishra, learned Standing Counsel appearing on behalf of the Respondents, the only moot question which arises and requires our answer is as to whether the word 'moneys' or 'securities for money' mentioned in Section 3 of the Public Accounts' Default Act, 1850 under which action has been taken by the Respondents, according to Sri Mishra, will include seed and fertilizers which were put in the custody of the petitioner?

(3.) THE Black's Law Dictionary Fifth Edition defines the word 'money' thus: "in usual and ordinary acceptation it means coins and paper currency used as circulating medium of exchange, and does not embrace notes, bonds, evidences of debt, or other personal or real estate. Lane v. Railey, 280 Ky 319, 133 SW 2d 74, 79, 81. See also currency, Current money; Flat money; Legal tender; Near money; Scrip; Wampum. A medium of exchange authorized or adopted by a domestic or foreign Government as a part of its currency UCC $ 1-201 (24 ). " 5. 1 STROUD's Judicial Dictionary, Fifth Edition defines it as follows: " 'money' as currency and not as medals, seems to me to have been well defined by Mr. Walker in Money, Trade and Industry, as: 'that passes freely from hand to hand throughout the community, in final discharge of debts and full payment for commodities; being accepted equally without reference to the character or credit of the person who offers it, and without the intention of the person who receives it to consume it or apply it to any other use than in turn to tender it to others in discharge of debts or payment for commodities" (per Darling, J. , Moss v. Hancock, (1899) 2 QB 111) Cp. CASH. xx xx xx But the word 'money' in our language answers to the Barbarian's Latin word 'moneta', and is a genus that comprehends two species, viz. Ready money and money due, i. e. the money in testator's own hands, or his money in the hands of anybody else" (per Gilbert C. B. , Re Shelmer, 1725 Gilb Ch 200 ). " 5. 2. In this backdrop, we hold that the articles which were in custody of the petitioner undoubtedly was property, but it cannot be held that they were money as envisaged under Section 3 of the Act aforementioned.