Date if applications for the copy 28/4/06
Date fixed for notifying the requisite number of stamps and follos 28/4/06
Date of delivery of the requisite stamps and follos. 28/4/06
Date on which the copy was ready for delivery. 28/4/06
Date of making over the copy to the applicant. 28/4/06
IN THE GAUHATI HIGH COURT
High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram & Arunchal Pradesh
CIVIL APPELLATE SIDE
Appeal from WP( C ) Civil Rule No. 2215 of 2006
Shri Prananna Kr. Pincha Versus Union of India &; ors Respondent Opposite Party
Appellant For Mr. S.S Dey Petitioner Mr. M. Nath Miss M. Laskar
Respondent For Asstt. S.G .I Opposite Party
Noting by officer or Advocate Serial No. Date Office notes, reports,
orders or proceeding with signature 1 2 3 4
And In the matter of
Prasanna Kuma Pincha Son of late Kanhaiyaial Pincha, Resident of E5, Karunamayee Apartments, Uzanbazaar (Riverside)Guwahati - 781001, District - Kamrup, Assam. ...
Writ Petitioner -Versus-
1. UNION OF INDIA, represented by the Secretary to the Government of India in the Ministry of Finance, New Delhi.
2. IDBI BANK (A unit of IDBI Limited) represented by the Chairman cum Managing Director, IDBI Ltd. Trade View, Oasis Complex, Kamala City, Lower Parel West, Mumbai - 13.
3. BRANCH MANAGER, IDBI Ltd. - Commercial Banking SBU Satyen Nivas, M.G. Road, PanBazaar,, Guwahati - 781001.
4.RESERVE BANK OF INDIA, Dept., of Banking Operations & Development Central Office, Centre - 1, Cuffe Parade, Colaba, Mumbai - 400005.
5.INDIAN BANKS' ASSOCIATION, World Trade Centre, 6th Floor, Centre 1 Bldg. World Trade Centre Complex. Cuffe arade, Mumbai - 400005.
6. THE CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES, Sarojini House. 6, Bhagwan
Dass Road, New Delhi - 110001.
RESPONDENTS2. IDBI BANK (A unit of IDBI Limited) represented by the Chairman cum Managing Director, IDBI Ltd. Trade View, Oasis Complex, Kamala City, Lower Parel West, Mumbai - 13.
3. BRANCH MANAGER, IDBI Ltd. - Commercial Banking SBU Satyen Nivas, M.G. Road, PanBazaar,, Guwahati - 781001.
4.RESERVE BANK OF INDIA, Dept., of Banking Operations & Development Central Office, Centre - 1, Cuffe Parade, Colaba, Mumbai - 400005.
5.INDIAN BANKS' ASSOCIATION, World Trade Centre, 6th Floor, Centre 1 Bldg. World Trade Centre Complex. Cuffe arade, Mumbai - 400005.
6. THE CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES, Sarojini House. 6, Bhagwan
Dass Road, New Delhi - 110001.
Noting by Officer or Advocate Serial No. Date Office notes, reports, order of proceedings with signature 1 2 3 4 WP( C ) No.2215/2006
Before Non,ble Mr. Justice Ranjan Gogoi
Before Non,ble Mr. Justice Ranjan Gogoi
28.4.2006
Heard Mr. S.S Dey, Learned counsel for the Petitioner.
Issue notice of motion for 15.5.2006
Mr. A.K. Bora, learned Central Govt. Counsel accepts notice on behalf of Respondent No1. An extra copy of the writ petition be furnished to Mr. Bora in the course of the day. The remaining respondents i.e. Respondent Nos. 2 to 6 be served by registered post. Steps in 3 days. In addition, the Respondent No.3 be served personally and after the personal service is effected, and affidavit be filed by the petitioner indicating the date and manner of service.
Heard the learned counsel for the petitioner on the prayer for interim relief.
The petitioner is a visually impaired person and is presently working as the Regional Manager (North East Region) of Action Aid India which is a non Governmental Organization. The salary of the petitioner is to be electronically transmitted from the Bangalore Office of the Industrial Development Bank of India to its newly opened Branch at Guwahati. This involves the opening of a Bank Account in the name of the petitioner in the Guwahati Branch of the Industrial Development Bank of India. Acting on the basis of an order dated 5.9.2005 passed by the Deputy Chief
Commissioner for persons with disabilities New Delhi, the IDBI, Guwahati Branch has insisted that the petitioner should execute certain undertakings on plain paper as conditions precedent for opening the Bank Account Aggrieved, the communication issued in this regard by the Guwahati Branch of the Industrial Development Bank of India on 12.4.2006 as well as the order dated 5.9.2006 of the Deputy Chief Commissioner for persons with disabilities have been assailed.
The order dated 5.9.2005 passed by the Deputy Chief Commissioner for persons with disabilities deals with different aspects of opening of Bank Account and availing of banking facilities by visually impaired persons. The legality of the directions issued by the Deputy Chief Commissioner in this regard for persons with disabilities will be decided at the hearing of the case. However, as an interim measure I direct that the petitioner be allowed to open a Savings Bank account in the Guwahati Branch of Industrial Development Bank of India with Cheque Book facilities as in the case of persons with no visual impairment or any other disabilities. The petitioner will also be allowed to normal/ usual operation of the said Bank Account. Any difficulty/difficulties of either of the parries in this regard may be placed before the Court, if so required.
Heard the learned counsel for the petitioner on the prayer for interim relief.
The petitioner is a visually impaired person and is presently working as the Regional Manager (North East Region) of Action Aid India which is a non Governmental Organization. The salary of the petitioner is to be electronically transmitted from the Bangalore Office of the Industrial Development Bank of India to its newly opened Branch at Guwahati. This involves the opening of a Bank Account in the name of the petitioner in the Guwahati Branch of the Industrial Development Bank of India. Acting on the basis of an order dated 5.9.2005 passed by the Deputy Chief
Commissioner for persons with disabilities New Delhi, the IDBI, Guwahati Branch has insisted that the petitioner should execute certain undertakings on plain paper as conditions precedent for opening the Bank Account Aggrieved, the communication issued in this regard by the Guwahati Branch of the Industrial Development Bank of India on 12.4.2006 as well as the order dated 5.9.2006 of the Deputy Chief Commissioner for persons with disabilities have been assailed.
The order dated 5.9.2005 passed by the Deputy Chief Commissioner for persons with disabilities deals with different aspects of opening of Bank Account and availing of banking facilities by visually impaired persons. The legality of the directions issued by the Deputy Chief Commissioner in this regard for persons with disabilities will be decided at the hearing of the case. However, as an interim measure I direct that the petitioner be allowed to open a Savings Bank account in the Guwahati Branch of Industrial Development Bank of India with Cheque Book facilities as in the case of persons with no visual impairment or any other disabilities. The petitioner will also be allowed to normal/ usual operation of the said Bank Account. Any difficulty/difficulties of either of the parries in this regard may be placed before the Court, if so required.
P.No. 51995
Dated. 28/04/05
Self - Ranjan Gogo Judge
