Date if applications for the copy       Date fixed for notifying the
requisite number of stamps and follos   Date of delivery of the requisite
stamps and follos.      Date on which the copy was ready for delivery.  Date
of making over the copy to the applicant.
28/4/06 28/4/06 28/4/06 28/4/06 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.
        RESPONDENTS
 

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

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.

P.No. 51995
Dated. 28/04/05
Self - Ranjan Gogo Judge
 


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