(1.) THIS writ application under Article 226 of the Constitution of India has been filed by the petitioner on 21.02.2006 for a direction against the respondents to effect payment of Rs.2,96,789 to the petitioner through her Account No. 01190040527 with State Bank of India, Chakdaha Branch, District Nadia forthwith and for other reliefs. Respondents Nos. 1, 2 and 3 have filed Affidavit -in -Opposition and against it the petitioner has filed her affidavit in reply.
(2.) SUCCINCTLY , the petitioner's case is that her husband Nemai Chandra Roy was an employee of B.S.F. and he died in harness. After his death the B.S.F. authority issued six Bank Drafts for Rs.2,96,789 in aggregate to be credited in the petitioner's Bank Account No. 01190040527 of State Bank of India, Chakdaha Branch but none of the said six Bank Drafts was credited in the petitioner's account. On query of petitioner the respondent No. 1, the Commandant, 162, Battalion, Border Security Force (B.S.F.) issued Memo No. Acctts/162BN/Embz. APRs/02/10131 -32 dated 02.07.2002 addressing to the Branch Manager, State Bank of India, Chakdaha Branch, District Nadia (Respondent No. 4) to the effect that case of embezzlement has been detected and sought for help from the respondent No. 4 after making reconcilement of the records of respondent No. 4. Copy of said memo was given to the petitioner of which a Photostat copy has been made Annexure P - 1 to the writ application. Respondent No. 4 informed the respondent No. 1 that none of the referred bank drafts has been received by respondent No. 4. Petitioner made communication on 24.07.2002 with respondents for early payments but she has been deprived from her legitimate claim.
(3.) RESPONDENT Nos. 1, 2 and 3 have admitted that the husband (since deceased) of petitioner was an employee of B.S.F. but have denied the allegation of depriving the petitioner from her legitimate claim. Contending inter alia, they have stated in substance that out of six alleged Bank Draft two were issued for Rs.1,440/- and Rs.720/- aggregating Rs.2160/- only for payment to the petitioner and other four were related to other person on account of Ex gratia in respect of Smt. Seeta Pradhan (Rs.2,00,000/-), DCRG amount in respect of Smt. Kamala Devi Bisht (Rs.42,092/-), RDS payment of unit (Rs.45,937/-) and RDS payment in respect of N.K. Makhan Singh (Rs.6,600/-). The petitioner was requested to send Acquaintance Paid up Rolls (AP Rs) against the said two bank drafts after checking/reconciling her Pass Book and confirmation from her banker as regards the receipt of the same or otherwise. Petitioner sent the said APRs to the concerned authority acknowledging the receipt of the said amount of Rs.1460/- and Rs.720/- on 16.06.2003 duly signed by the petitioner which was duly attested by the Teacher in Charge of Dhanicha High School, (H.S.) Chakdaha, Nadia. Said receipts have been made Annexure R - 3. All legitimate dues as admissible retirement benefits relating to her deceased husband have been duly received by petitioner and she has been receiving admissible family pension. Dismissed of the writ application has been prayed for.