Manager Legal vs Chandrama Behera & Ors
2021 Latest Caselaw 9241 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              MACA NO.280 OF 2016

            Manager Legal, Reliance General       ....          Appellant
            Insurance Co.Ltd.

                                                    Mr.G.P.Dutta, Advocate

                                       -versus-

            Chandrama Behera & Ors.               ....       Opposite Parties

                                          Mr.S.B.Jena, Advocate for R.1 to 3
                                                              None for R.4

                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

3.9.2021

Order No.

8. 1. This matter has been placed pursuant to the report submitted

by the 2nd Additional District Judge-cum-5th MACT, Berhampur,

Ganjam.

2. Above Appeal was finally disposed of by this Court in a Lok

Adalat Proceeding on 10.4.2021 with settlement of the dispute

involved therein by arriving at a compromise compensation of

Rs.5,55,000/- but consolidated. In the further direction of the order

dated 10.4.2021, this Court directed the Insurance Company to

deposit the settled amount within a period of eight weeks from the

date of receipt of authenticated copy of the said order and on the

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deposit being made, the amount would be disbursed in favour of the

Claimants proportionately further on proper identification and in

terms of the impugned award. It is pursuant to the disposal of the

Appeal in the Lok Adalat, five independent cheques have been

deposited before the 2nd Additional District Judge-cum-5th MACT,

Berhampur on 24.5.2021. It is while the matter stood thus, it

surfaced one of the Claimants, namely, Chandrama Behera wife of

the deceased involved therein expired on 16.8.2020 even during

pendency of this Appeal. This fact was not brought to the notice of

this Court by the learned counsel for the Parties appearing in contest

of the Appeal. This Court here finds, for the death of one of

Appellants and availability of all other legal heirs, there was no

necessity of substitution and thus there may not be any illegality in

the judgment requiring recall of judgment except they might be

requirement of adjustment of compensation received amongst the

serving legal heirs of the deceased. It further appears, the Insurance

Company tendered five numbers of cheques bearing Nos.633558,

633559, 633560, 633619 & 633633 dated 31.3.2021, three in favour

of Chandrama Behera already dead amounting to Rs.1,00,000/-,

Rs.2,12,006/- and Rs.17,994/-, one cheque in favour of Miki Behera

and another in favour of Purna Priya Behera amounting to

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Rs.75,000/- and Rs.1,50,000/- respectively. All these cheques were

submitted in the Tribunal on 24.5.2021 and all were received by one

Ms.Priyanka Satapathy, Dealing Assistant in the Office of 2nd

Additional District Judge-cum-5th MACT, Berhampur. Annexure-B

to the Report placed on record also clearly reveals that cheques were

all received by Priyanka Satapathy under her signature on 24.5.2021.

The Civil Court was closed on 24.5.2021 on account of Summer

Vacation, the P.O. was availing Summer Vacation. On opening of

regular Court on 7.6.2021, Ms.Priyanka Satapathy, the Dealing

Assistant reported the 2nd Additional District Judge-cum-5th

MACAT, Berhampur about missing of all five cheques received by

her with further indication that she suspected the cheques had been

taken away by the Advocate for the Claimants therein, Sri Syam

Sundar Sahu. The 2nd Additional District Judge-cum-5th MACAT,

Berhampur undertook a fact finding enquiry involving the issue.

During fact finding enquiry, through the statement of the Branch

Manager, U.B.I., it revealed Syam Sundar Sahu deposited all

cheques on 29.5.2021 as per cheque deposit slips, vide Enclosure-E,

F & G to the report. Enclosure-E discloses three cheques totaling

Rs.3,30,000/- in the account of Chandrama Behera, who died in the

meantime, on 29.5.2021, vide Account No.770602010000914.

// 4 //

Similarly other two cheques were deposited both in the Accounts of

Miki Behera, vide Account No.770602010000913 and Purna Priya

Behera, vide Account No.770602010000911. It is needless to

mention here that Chandrama Behera died in the meantime on

16.8.2020. It is not known as to who was operating the Account of

Chandrama Behera even after her death and there is also possibility

of connivance of Bank involved. The report also reveals in a memo

dated 27.6.2021 through their Counsel that claimants have received

the cheques from one Niranjan Panda. Matter did not end here. It is

also revealed in the process that after deposit clearance on 29.5.2021

a sum of Rs.1,40,000/- was transferred to the Account of the

Counsel, Syam Sundar Sahu on 11.6.2021 from the Account of

Purna Priya Behera. In submitting the Fact Finding Report, it got

disclosed that one of the Claimants, Chandrama Behera died on

16.8.2020 much before the M.A.C.Case was disposed of and Syam

Sundar Sahu, Advocate has taken away the cheques without

knowledge or order of the Court. It is also disclosed that not only all

the cheques were encashed even including three cheques in the name

of a dead person but a hefty sum has also been transferred to the

Account of the Lawyer indicated herein above. Surprisingly the

Report did not mention lapse by the Dealing Assistant and/or

// 5 //

Authority from whose custody cheques got stolen. The Report being

placed to the Hon'ble Chief Justice, the matter is placed in judicial

side and listed in this Court accordingly. Once the cheques are

deposited in terms of disposal of MACA No.280/2016, the role of

the Insurance Company gets over. Unfortunately, the game started

only after the cheques are deposited by the Insurance Company

through Memo dated 24.5.2021, vide Ext.B to the Report being

received by Ms.Priyanka Satapathy, Dealing Assistant. Ms.

Satapathy is not disclosing as to when she noticed missing of

cheques. In her evidence before the 2nd Additional District Judge-

cum-5th MACAT, Berhampur, only statement comes from Ms.

Satapathy that she reported such facts to the 2nd Additional District

Judge-cum-5th MACAT, Berhampur on 7.6.2021 after re-opening of

Court. It is not known as to why she took so much time to report the

2nd Additional District Judge-cum-5th MACAT, Berhampur the

missing of cheques. Even assuming that Tribunal was availing

Summer Vacation as per Roster, somebody must be in charge in

absence of the Tribunal. Further once Chandrama Behera had died

since 16.8.2020, it is not known how the cheques in favour of a dead

person were entertained in such Account and withdrawals have also

been permitted. Incidentally, the Advocate, Sri Syam Sundar Sahu

// 6 //

has deposited all such cheques in the dead Account. Not only that a

sum of Rs.1,40,000/- has also been accounted to the Accounted of

the Advocate, Sri Sahu. There is clear involvement of surviving

legal heirs namely, Miki Behera and Purna Priya Behera and the

Advocate, Sri Syam Sundar Sahu. Role of Bank Personnel cannot

also be ruled out.

3. This Court for the finality of the M.A.C.A. and withdrawal

of the whole amount is unable to pass any order involving the

Appeal, as it will only become academic. It is at this stage, looking

to the lapse in the side of the 2nd Additional District Judge-cum-5th

MACAT, Berhampur in not taking any prompt action against

Ms.Priyanka Satapathy, its staff and Sri Syam Sundar Sahu,

Advocate both involved in the theft of valuable instruments from the

Tribunal's custody and utilizing clandestinely, simply entering a fact

finding report to find out the real culprit, while deprecating the

manner of dealing such important issue by the 2nd Additional District

Judge-cum-5th MACAT, Berhampur, this Court directs an

investigation and action against all involved to prevent future

recurring of such incident, this Court directs the District Judge,

Berhampur to file appropriate F.I.R. before the Superintendent of

Police, Crime Branch, Berhampur to investigate, trial by appropriate

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court and appropriate punishment to the culprits showing

Ms.Priyanka Satapathy and Advocate, Syam Sundar Sahu, the legal

heirs, namely, Miki Behera & Purna Priya Behera as accused

presently at least within seven days of receipt of this order. Further

for negligence on the part of Ms.Priyanka Satapathy and the 2nd

Additional District Judge-cum-5th MACAT, Berhampur in their

failing in protecting the valuable instruments from being stolen from

the Tribunal's custody, the District Judge shall initiate a disciplinary

proceeding against Ms.Priyanka Satapathy, Dealing Assistant at his

level. So far as the role of the 2nd Additional District Judge-cum-5th

MACAT, Berhampur is concerned, appropriate disciplinary

proceeding at appropriate level may also be initiated and disposed

of.

4. Copy of this order be communicated to the learned Advocate

General of the State, the Registrar General of this Court and the

District Judge, Berhampur for appropriate action and follow up at

their respective level.

(Biswanath Rath) Judge

M.K.Rout