Patna High Court
Shio Jee Rawat vs The Union Of India And Ors on 1 October, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2508 of 2014
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Shio Jee Rawat Son Of Late Sawaru Rawat Resident Of Village- Samhota,
P.O. and P.S.- Kopa Samhota, District- Saran At Chapra
... ... Petitioner
Versus
1. The Union Of India, The Chief Postmaster General, Bihar, GPO, Patna.
2. The Chairman, Bihar Posts and Telegraphs Cooperative Society Limited,
Patna.
3. The Secretary, Bihar Posts and Telegraphs Cooperative Society Limited,
Patna.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Prashant Sinha, Advocate
For the UOI : Mr. Amarendra Nath Verma, Sr. CGC
: Mr. Kanak Verma, CGC
For Respondent No. 2&3 : Mr. N. A. Shamsi A.S.G.
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 01-10-2024
1. The Writ petition is preferred by way of Public
Interest Litigation in the nature of Certiorari, for quashing of
defaulter notice issued by respondent Nos. 2 and 3, whereby
the petitioner was held liable to pay an amount of Rs.
1,69,675/- against the loan taken by one Shiv Lal Choudhary,
for which, it was alleged that the petitioner stood as a
guarantor. Further, for issuance of Writ of Mandamus
commanding the respondents to release the share amount and
CGR amount of the petitioner to a tune of Rs. 73,000/- with
Patna High Court CWJC No.2508 of 2014 dt.01-10-2024
2/7
interest, which is arbitrary and not been released, due to non-
payment of loan by Shiv Lal Choudhary.
2. The brief facts culled out of the Writ petition is
that the petitioner was an employee of the Postal Department
and got superannuated from the Post of Deputy Postmaster on
31.01.2013
. While in service, he was a member of Bihar Posts
and Telegraphs Cooperative Society Ltd., which is registered
under the Cooperative Society and a Member of National
Cooperative Consumer Federation of India Ltd. The petitioner
became the member of Cooperative Society on 05.06.2002.
There was another employee of the Department, namely, Shiv
Lal Choudhary, who had facilitated the Membership of the
petitioner with the respondent Cooperative Society. Further, it
appears that while getting the signature of the petitioner over
the Membership form, he obtained the signature of the
petitioner over a form, which pertains to loan advance Rs.
60,000/- (Sixty Thousand) by him, from the Cooperative
Society and made him as a guarantor of his loan. The loan was
sanctioned to Shiv Lal Choudhary on 18.11.2002. Further, it
was not in the knowledge of the petitioner that he stood as a
Patna High Court CWJC No.2508 of 2014 dt.01-10-2024
guarantor of the loan, which was taken by Shiv Lal
Choudhary.
3. For the first time, the petitioner came to know
that he was made as a guarantor for the loan taken by Shiv Lal
Choudhary in the year 2007 along with three other employees,
namely, Lalan Choudhary, Ram Mohan and Prithivi Nath
Yadav. Later, he intimated the Cooperative Society that he has
no knowledge, as to how he became a guarantor of the loan of
Shiv Lal Choudhary and it appears that his signature is forged.
4. In response to the application of the petitioner, the
Cooperative Society vide its Letter No. 1443/2007 dated
03.11.2007 informed the petitioner that as per the record, the
signature of the petitioner was matching. Further, the
Cooperative Society intimated the petitioner that if the amount
is not paid, the Society will take necessary action for recovery
of the said amount. The petitioner replied to the said notice
vide his Letter dated 10.11.2007 and another letter was sent on
08.02.2008 and in the said letter, the petitioner raised a
suspicion that Shiv Lal Choudhary might have obtained his
signature, at the time of filling up the form for Membership of
the Society and also raised question as to how the loan was
Patna High Court CWJC No.2508 of 2014 dt.01-10-2024
sanctioned to Shiv Lal Choudhary when he was suspended
and a departmental proceeding was pending against him.
5. In response to the letter, the Cooperative Society
communicated to the petitioner vide its Letter No. 2880/08
dated 19.02.2008, holding that the petitioner is liable to refund
the amount availed by the Shiv Lal Choudhary.
6. After retirement, the petitioner submitted as
application form for refund of share amount of CGR money.
But his application was returned with a note that "the payment
of the petitioner will only be considered upon return of the
loan amount of Shiv Lal Choudhary". Thereupon, a defaulter
notice to the tune of Rs. 1,69,675/- was also issued to the
petitioner. Being aggrieved by the same, the petitioner
preferred this Writ petition by way of Public Interest
Litigation.
7. A detailed counter affidavit has been filed by
respondent Nos. 1 and 2 denying all the allegations made in
the Writ petition. The counter affidavit disclose that Shiv Lal
Choudhary was under suspension since 29.12.1993 and was
further dismissed from service vide Senior Superintendent of
Post Office, Saran DN, Chapra vide Memo No. F4-1/94-95/IV
Patna High Court CWJC No.2508 of 2014 dt.01-10-2024
dated 18.12.2002, after conviction in a criminal charge under
Sections 409 and 420 of the I.P.C. for violation of confidence
in Public Policy involved. Further, notice was issued to the
Secretary as well as Chairman of Bihar Post and Telegraph
Cooperative Society Ltd.
8. Heard Learned counsel for the petitioner as well
as Learned counsel for the respondents.
9. It is submitted by the Learned counsel for the
respondents that a criminal case is pending against the
petitioner bearing Complaint Case No. 879 of 2011 on the file
of Chief Judicial Magistrate, Patna. Admittedly, the Writ
petition does not fall under ambit of the Public Interest
Litigation. Further, the Writ petition was filed to quash the
defaulter notice issued by respondent Nos. 2 and 3 for which
the petitioner was held liable for payment of the amount of Rs.
1,69,675/-.
10. The Fundamental Rights of the petitioners are
nowhere violated under Article 226 of the Constitution of
India. Annexure-3 is the letter addressed to the petitioner by
Cooperative Society, wherein it disclose that the petitioner
along with three others, namely, Lalan Choudhary, Ram
Patna High Court CWJC No.2508 of 2014 dt.01-10-2024
Mohan and Prithivi Nath Yadav are also the guarantors of the
loan availed by Shiv Lal Choudhary. Basing on the
representation of the petitioner, the signature of the petitioner
are compared with his signature on the Membership form of
the Cooperative Society, and were found matching and the
question of forgery would not arise in the matter.
11. It is not the case of the petitioner that his
signature was forged. It is the specific contention of the
petitioner that the signatures of the petitioner were obtained
on the loan application of Shiv Lal Choudhary, at the time of
the petitioner becoming the member of the Cooperative
Society and as such, his signature matched with the loan
application of Shiv Lal Choudhary. It is purely a civil dispute
between the Cooperative society and the petitioner. It can be
noted that the Writ petition was filed challenging the notice
issued by the Cooperative Society.
12. The petitioner has every right to give his
explanation to the notice and as the matter is purely a civil
dispute between the Cooperative society and the petitioner, the
Writ petition itself is not at all maintainable.
Patna High Court CWJC No.2508 of 2014 dt.01-10-2024
13. With the aforesaid discussions, the Writ petition
is dismissed as devoid of merits.
14. Interlocutory application(s), if any, shall also
stands disposed of.
(G. Anupama Chakravarthy, J)
Shanu/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.10.2024.
Transmission Date NA
