AMITAVA LALA, J. - (1.) The writ petitioner herein claims to be the nominee of one Smt. Parvati Devi wife of late Vindhyachal Rai resident of Village Deokali Bisuhpur, Post Kopaganj, District Mau, Uttar Pradesh. Such nomination was made on 20th March, 1999 in two postal accounts being MIS 3400042 and 3400043 at the branch Post Office Kopaganj, Mau. Said Smt. Parvati Devi expired on 21st October, 1999. Thereafter, the petitioner made application for permitting him to operate such accounts as nominee. The postal authority did not permit to operate. It is said by such authority that firstly an order for payment from the competent Court is to be obtained thereafter claim application will be submitted. According to the petitioner such order is illegal. He is entitled to operate the accounts in accordance with Section 4 of Government Savings Banks Act, 1873.
(2.) Respondents counsel contended that nomination in favour of the petitioner is doubtful for various reasons which are specifically mentioned in the counter-affidavit as follows :- (a) Nominee seems to be under different another caste. (b) The name and address of the writer of the thumb Impression have not been noted with date. (c) Space provided for the introducer of the account, the thumb impression of the deceased has been affixed; (d) The name and address of the introduced is not legible as also there is no signature of the identifier. (e) Rectification of the omission revised SB-3 .was called for from Sub Post Master Kopaganj for registration of the nomination. The Sub Post Master Kopagang was suitably instructed that without rectifying the omission, no nomination will be entertained. (f) No record is available in the Post Office Kopaganj with the revised SB-3 and Pass Book of above noted MIS Account has been sent to Head Post Office Mau in between March 99 and November 99. As per the statement of one postal official named Sri Gaya Prasad the Pass Book and SB-3 were brought to Head Post Office Mau through the petitioner himself and nomination was registered. Sri Gaya Prasad was on leave in the month of August, 99 but got the nomination registered on 12th August, 1999. Nexus or connection between the petitioner and postal assistant known as Gaya Prasad indicated mala fide intention. The petitioner in connivance with some postal officials got nomination registered. (g) The nomination was made after a period of five months from the date of opening of the account.
(3.) The nomination register is a confidential record of the Post Office, but the petitioner got the serial number of nomination without seeing the record and nomination register and registration etc. for which Postal Authority became apprehensive.;