IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 35390 of 2009(P) -------------------------- PETITIONER(S): ----------------------- THE NATIONAL SAVINGS AGENTS' ASSOCIATION CAICUT, REPRESENTED BY ITS GENERAL SECRETARY, A. MURALEEDHARAN, S/O.P.M. BALAKRISHNAN NAIR, AGED 53 YEARS, RESIDING AT KIZHAKKE AMBRAMOLY, ERANHIKKAL.P.O, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ------------------------ 1. THE SENIOR POST MASTER, CALICUT HEAD POST OFFICE, OFFICE OF THE HEAD POST OFFICE, KOZHIKODE. 2. THE SENIOR SUPERINTENDENT OF POST OFFICES, OFFICE OF THE SENIOR SUPERINTENDENT OF POST OFFICES, KALLAI, KOZHIKODE. 3. THE POST MASTER GENERAL (NORTHERN ZONE), NADAKKAVU, CALICUT. 4. THE ASSISTANT SUPERINTENDENT OF POSTS, (SB & CC), DAK BHAVAN, SANSAD MARG, NEW DELHI. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.35390/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER ASSOCIATION. EXT.P2: TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN OP NO.3727/1995 DT 3.10.96. EXT.P3: TRUE COPY OF THE COMMUNICATION DATED 22.12.06 ISSUED BYTHE 4TH RESPONDENT TO THE HEADS OF CIRCLES/REGIONS. EXT.P4: TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT (SENIOR SUPERINTENDENT OF POST OFFICES, CALICUT DIV.) EXT.P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. EXT.P6: TRUE COPY OF THE LETTER DT 6.5.10 ISSUED by the REGIONAL DIRECTOR, NATIONAL SAVINGS INSTITUTE TO THE CHIEF POST MASTER GENERAL, KERALA. EXTS. OF R3. EXT.R1: TRUE COPIES OF RULE 3 OF STANDARD AGENCY SYSTEM. EXT.R2: TRUE COPIES OF RULE 4 OF MPKBY SCHEME, RULE 13 OF MPKBY SCHEME. EXT.R3: TRUE COPIES OF RULE 13 OF MPKBY SCHEME. EXT.R4: TRUE COPIES OF RULE 4 OF PPF AGENCY SYSTEM. EXT.R5: TRUE COPY OF LETTER NO.109-02/2009-SB DT 6/3/2009 ISSUED by the DG POSTS, NEW DELHI. EXT.R6: TRUE COPY OF LETTER NO.76-01/09-SB DT 8.12.2009 ISSUE DBY THE DG POSTS, NEW DELHI. EXT.R7: TRUE COPY OF RULES 33(1) OF POSTAL MANUAL VOLUME 1. EXT.R8: TRUE COPY OF RULES 23(1) OF POSTAL MANUAL VOLUME 1. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 35390 OF 2009 (P) ===================== Dated this the 11th day of July, 2011 J U D G M E N T Petitioner challenges Exts.P3 and P4. Ext.P3 is a circular issued by the Government of India restraining the members of the petitioner association from acting as witnesses or messengers for withdrawal of money from authorised savings bank scheme under the Post Office. Ext.P4 is yet another circular issued by the Department of Posts, Government of India introducing computerization in the accounting of the Post Office Savings Schemes. 2. Ext.P3 has been issued in the light of Rule 3 of Standardized Agency System, Rule 4 of MPKBY and Rule 4 of PPF Agency Scheme framed by the Ministry of Finance, in terms of which, the scope of agency system is confined to canvassing, accepting and depositing investments. The background in which Exts.P3 and P4 have been introduced has been explained in para 4 and 5 of the counter affidavit filed by the 3rd respondent, the relevant portion of which reads as under:- It is true that messenger facility is available for withdrawal of money from WPC No. 35390/09 :2 : Recurring Deposit and other accounts. But this facility is not extended to SAS/MPKBY agents, as their function is confined to canvassing for and receiving investments and depositing those amounts in Post Offices to which they are attached. Restrictions are imposed on the agents with regard to withdrawing money from accounts, only as a preventive measure and to protect the interests of the depositors. In the recent past there had been so many cases of large scale frauds committed by SAS/MPKBY agents in the country by withdrawing money from accounts operated through them, without the knowledge of the depositors and forging the latter's signatures. The instructions in Ext.P3 order were issued in these circumstances and the respondents 1 to 3 are fully empowered to issue such instructions, so long as these transactions are made through Post Offices. Instructions already exist, forbidding the SAS/MPKBY agents from acting as messengers for withdrawing money from accounts operated through them, and the position has only been reiterated now. The decision to switch on to the computer mode was not the individual decision of the respondents. It was the policy decision of the Government of India to go ahead with computerization of Post Offices, and to make them fully online. This is not for the benefit of the respondents only, but keeping in view the larger interests of the depositors/customers also. The petitioners are also supposed to be part and parcel of the process. The respondents have not taken any unilateral or hasty decision in this regard. The respondents had developed a software for the use of MPKBY agents and had given the same to the petitioners, free of cost, on 4.4.2007. Necessary training was also imparted to them. Accordingly many agents of Calicut Head Post Office and other offices in WPC No. 35390/09 :3 : Calicut Division have shifted to the computer mode. For the remaining agents, 31.1.2009 was fixed as the cut off date to switch on to the computer mode. Some of the agents requested some more time in this regard and the cut off date was postponed to 30.9.2009 and again to 31.12.2009. 3. Thus evidently Exts.P3 and P4 are supported by statutory rules, and are also policy decisions. The validity of such policy decisions are beyond challenge in a proceedings under Article 226 of the Constitution of India. 4. Therefore, I do not find any merit in the writ petition. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp