BIHASU YADAV Vs. POST MASTER MAU NATH BHANJAN

JUDGEMENT

(1.) AMITAVA Lala, J. The writ petitioner herein claims to be the nominee of one Smt. Parvati Devi wife of late Vindhyachal Rai resident of village Deokali Bisunpur, Post Kopaganj, District Mau, Uttar Pradesh. Such nomination was made on 20th March, 1999, in two postal accounts being MIS 3400042 and 3400043 at the branch Post- Office Kopaganj, Mau, Said Smt. Parvati Devi expired on 21st October, 1999. Thereafter, the petitioner made application for permitting him to operate such accounts as nominee. The postal authority did not permit to operate. It is said by such authority that firstly an order for payment from the competent Court is to be obtained thereafter claim application will be submitted. According to the petitioner such order is illegal. He is entitled to operate the accounts in accordance with Section 4 of Government Savings Banks Act, 1873.

(2.) RESPONDENT's Counsel contended that nomination in favour of the petitioner is doubtful for various reasons which are specifically mentioned in the counter-affidavit as follows: (a) Nominee seems to be under different another caste: (b) The name and address of the writer of the thumb impression have not been noted with date: (c) Space provided for the introducer of the account, the thumb impression of the deceased has been affixed; (d) The name and address of the introduced is not legible as also there is no signature of the identifier: (e) Rectification of the omission revised SB-3 was called for from Sub-Post Master Kopaganj for registration of the nomination. The Sub Post Master Kopaganj was suitably instructed that without rectifying the omission, no nomination will be entertained. (f) No record is available in the Post Office Kopaganj with the revised SB-3 and Pass Book of above noted MIS Account has been sent to Head Post Office Mau in between March, 1999 and November, 1999. As per the statement of one postal official named Sri Gaya Prasad the Pass Book and SB-3 were brought to Head Post Office, Mau through the petitioner himself and nomination was registered. Sri Gaya Prasad was on leave in the month of August, 1999 but got the nomination registered on 12th August, 1999. Nexus or connection between the petitioner and postal assistant known as Gaya Prasad indicated mala fide intention. The petitioner in connivance with some postal officials got nomination registered. (g) The nomination was made after a period of five months from the date of opening of the account.

(3.) WE have gone through the Section 4 of the Government Savings Banks Act, 1873, Sub-section (1) of Section 4 is as follows: "notwithstanding anything contained in any law for the time being in force, or in any disposition, whether testamentary or otherwise, by a depositor in respect of his deposit, where any nomination made in the prescribed manner purports to confer on any person the right of receive the deposit on the death of the depositor, the nominee shall, on the death of the depositor become entitled, to the exclusion of all other persons to be paid the deposit, unless the nomination is varied or cancelled in the prescribed manner. "