Advocate for the complainants – None.

Advocate for the O.Ps 1 & 2     -  None

Advocate for the O.Ps 3 & 4      -Sri A.K.Sarangi.

                                                                         Date of filing of the case – 16.01.2014

                                                                         Date of order of the case -  10.11.2014

JUDGMENT.

Sri P. Samantara,President.

                 Briefly stated the fact is that the complainant named Smt. Champafula Pradhan, wife of late Dayanidhi Pradhan, Ex-peon, expired on dated  04.05.2007,while working under the administrative control of Sub Collector, Patnagarh. A sum of Rs 21,910/- has been sanctioned towards his revised gratuity assessed by the office of the Accountant General ( A & B) Orissa, Bhubaneswar vide  PEN(16)-FPR-3485/08-09-Pen-16/Rev No.58/09-10 under GPO No.1723 of 08/09 to the Treasury Officer, Bolangir in intimation being payable at STO Loisingha on dated 29.6.2009.

2.              The complainant also averred in post receiving the authority submitted at office of the Treasury, Bolangir along with the photocopy of the bank pass book SBI-Kusanga- A/c.No.30596987311 on dated 05.10.2009 and it is regrettable that neither the authority amount has not been credited /transmitted to SBI account at any point of time with repeated approach and moving from pillar to post with the plight in unexplained manner.

3.             The applicant further stated, the authorities involved in dischargement of the authority to the entitled gratuitant remain silent on the fate of the gratuity authority till the date, rather indulged in pillow fighting, non botheration of a serious issue even years passed and the gratuity  authority become  invalid due to callousness, capricious and way wordness of the officers in the respective offices during it’s entourage. Non receiving of the sanctioned amount compelled him to lodge the case. Thus the case. Relied gratuity authority photo copy, pass book copy, letter of authorization, RTI reply copy, letters dt.16.11.2013,19.11.2013,20.12.2013, Affidavit and latter on death certificate, legal heir certificate and Voter’s identity card in photo copy.

4.             On acknowledgement notice, the opposite parties appeared and filed their version on their mode of assessment.

5.             The O.P.1 stated, verification of office records available in the District treasury, reveals- A GPO bearing No.1723 of 08/2009 dated 27.09.2009 amounting to Rs 21,910/- issued in favour of Smt.Champafulla Pradhan bythe A.G.(A & B) Odisha was received in District Treasury,Bolangir was due to be payable at Sub Treasury Loisiingha and the GPO authority has been transmitted to Sub Treasury Loisingha vide Treasury  Memo No.1511 dt.05.10.2009 for payment to the claimant and also admitting, the authority as returned by the Sub Treasury, Loisingha was forwarded to SBI, Bolangir for onward transmission to SBI Loisingha vide Memo No.4011 dated 24.02.2010. And SBI Loisingha returned to the Treasury and forwarded to SBI Bolangir for transmission to SBI Kusanga. Lastly the District Treasury, Bolangir has returned the authority in original to the A.G (A & E) Odisha, vide letter No.338 dt.31.01.2014 for revalidation of the authority that expired on 26.09.2010.

6.             The O.P.2 in admission stated that the P.P.O of the pensioner Champaphula Pradhan has been transferred to SBI, Kusanga while GPO was received in this office on dt.08.10.2009, latter GPO authority No.3485/08-09 was forwarded through Treasury Officer, Bolangir to SBI, Kusang on dt.15.12.2009 and the SBI Kusang returned the same to STO, Loisiingha on dt.19.11.2013. On verification, the GPO authority has been found expired for payment thereby made returned to Treasury Officer, Bolangir on dt.20.12.2013

7.                The O.P.3 stated that the case is not maintainable against the O.P.3 and liable to be dismissed. The fact enumerated in the application is not knowledge with the present O.P. The Treasury Office, Bolangir or Sub Treasury, Loisingha should pay the revised gratuity of the complainant soon after receiving the same from Accountant General. Odisha.

8.                Further stating, the gratuity not to be paid directly by the bank. It is the STO, Loisingha in obeying of A.G (A & E) Odisha, order and should deposit the genuine money of the complainant in the SB account maintained at SBI Kusanga Branch within the prescribed time limit. This O.P received the letter from T.O, Bolangir on dt.08.11.2011 and transmitted SBI Kusanga on dt.24.11.2011 vide postal Regd. No.AR 0410267554. The Opposite has never received any other letter, from Treasury Officer, Bolangir, No document filed in proof of same. Moreover, it is the latches of the Treasury Officials that they have failed in deposit in the prescribed period of one year. At the time of receive of the letter from the office of Treasury, Bolangir in the year November 2011,already more than one year has been elapsed. So either the complainant or the Treasury Officials have to re-validate the same for payment. There is no deficiency on the part of the O.P Praying the complaint petition filed against this O.P is liable to be dismissed. Relied on dispatched register page in photo copy.

9.               Perused the material on record and heard the submissions at extensive length of the complainant and learned counsel of O.Ps in heart and soul. The subsequent deliberation as follows:

10.             The fact that admissible by all parties that one revised GPO authority has been issued in favour of Champafulla Pradhana for a sum of Rs 21,910/- to the Treasury Officer, Bolangir explicitly stating payable at Sub Treasury Officer, Loisingha. And the authority has been deposited at Treasury Officer Bolangir on dt.05.10.2009 and Bolangir transmitted the same to the Sub Treasury, Loisingha on dt.05.10.2009. No dispatch register or issue register has been produced in authentication of the issuance and despatchment.

11.             The Sub Treasury Officer, Loisingha, admitted to have received the GPO Authority on dt.08.10.2009 and was returned to Treasury Officer, Bolangir for forward of SBI Kusanga on dt.15.12.2009. Meanwhile no payment has been made by SBI, Kusanga and returned to Sub Treasury Officer, Loisingha on dated 19.11.2013, without any reason for too belated delay of years at a stretch.

12.             The Sub Treasury Office, Loisingha is very much knowledgeable that the validity of GPO Authority is going to be expired and it is on verge of dishonourment, which expresses the willful and malafide intention made, in the endorsement on the face of the authority that reads “Memo No.430/ dt.15.12.2009. Returned to TO  Bolangir as the pensioner is drawing pension from SBI Loisiingha” but mis-represented the facts in its version that “ The gratuity Authority bearing No.1723 of 08/2009 dated 27.09/.2009  has been transmitted to the SBI, Bolangir vide this office Memo No.4720 dated 08.11.2011 for transmission of the same to the SBI, Kusang for necessary action lat their end is malafidly stated to dupe the forum unhesitatingly and in non application of mind.

13.              The sojourn of the Authority GPO No.1723/08-09,as follows:-

14.              The above noted findings is quiet evidential that the O.Ps are in faults and not getting the amount in authority to the complainant for which she get demised on dated 05.03.2014 in harassment and mental agony be sustained with. Although it warned to STO Loisingha not to indulge in such nature gross negligence in future and requisite F. I.R will be filed, if crop of in future as it is surfaced. STO Loisingha is the culprit in diversion of the route intentionally. Hence the O.Ps are liable in jointly & severally to the complainant.

                   Hence ordered;-

                                                                            ORDER.

                  The case is allowed on contest. The O.Ps are directed to pay the petitioner in the following manner.

(i)              The District Treasury Officer, Bolangir is liable to pay Rs 5,000/- (Rupees five thousand) only,instantly and he is at liberty to collect the same from the erring personnel.

(ii)             The Sub Treasury Officer, Loisingha is liable to pay the entire authority amount i.e Rs 21,910/- (Rupees Twenty one thousand nine hundred ten) only, as compensation to the complainant instantly and he is at liberty to collect the same from the erring personnel from his salary.

(iii)           The Branch Manager, S.B.I. Bolangir is in cautioned and charged a token amount of Rs 1,000/-(Rupees One thousand) only, to be given to the complainant instantly and he is at liberty to collect the same from the erring personnel.

(iv)           Branch Manager, S.B.I. Kusang is liable to pay Rs 5,000/- (Rupees five thousand) only, instantly to the complainant instantly as compensation for loss of life in sustaining harassment and mental agony and he is at liberty to collect the same from the erring personnel.

(v)           We also direct besides the above penal amount, the petitioner is eligible to be in entitlement of entire amount on the authority sent for validation. O.Ps involved with the process is hereby cautioned to act deligently and pro actively, to ensure realization to the gratuitant in smart manner in afresh deposit

(vi)           Further, the O.Ps are directed to satisfy the order, failing which the amount shall carry interest @ 18% per annum from the date of deposit of authority at respective end till realization along with  litigation expenses of Rs 1,000/- (Rupees One thousand) only, shared equally with the above framed time without fail.

             ORDER PRONOUNCED IN OPEN FORUM THIS THE 10TH DAY OF OCTOBER 2014.

                                                                   I agree.

                                Sd/-                                                     Sd/-

                             ( S.Rath)                                          (P.Samantara)

                              Member                                               President