JUDGMENT
Narendra Nath Tiwari, J.
1. This already disposed of case has been referred to this Bench on the basis of minutes of the Finance Committee posing some issues which arose on implementation of the order dated 21.9.2001 passed in this case.
2. By a judicial order dated 21.9.2001, a Division Bench of this Court directed to open a Bank Account by the Registrar General in the name of Jharkhand High Court in a Nationalised Bank and to keep all the deposits/payments received in this Court from time to time by the judicial orders passed in course of judicial proceedings and/or otherwise, be kept in that account and the account accordingly to be operated on regular permanent basis. It was further directed that all payments shall be made pursuant to judicial orders passed or in course of judicial proceedings and/or otherwise shall also be made from that account and that the Registrar General shall ensure that a proper account is maintained with respect in all receipts and payments relating to the said bank account.
3. This letters patent appeal was finally disposed of by an order dated 23rd February, 2004.
4. In compliance of the said order of the Division Bench, dated 21.9.2001. passed in L.P.A. No. 501 at 2001, an account bearing SB A/c No. it is was opened in the Bank of India, Jharkhand High Court Extension Counter. Ranchl which is a nationalized bank.
5. By a letter bearing No. 638 dated 12.4.2004, the Accountant General (Audit and Examination), Bihar and Jharkhand, Ranchi has made a request to consider about the interest. After receipt of the said letter, the same was placed before the Finance Committee of this Court and the said Committee took a decision to take up the matter in judicial side for the purpose of interpreting the order dated 21.9.2001 passed by a Division Bench of this Court. This case has been, thus, placed before this Bench.
6. From perusal of the minutes of the proceedings before the Finance Committee, it appears that the Accountant General (Accts-I) had an occasion to discuss about such deposits and according to him all the deposits must be made into the designated head of Government Account by presenting a challan or other documents setting forth all the necessary details as in the Government Treasury as per Rule 543 of Bihar Treasury Code and that the refund of the deposits have to be deducted by the Treasury Officer. It was farther pointed out that in view of the said provisions of Rule 543 of the Bihar Treasury Code, the Court has to submit accounts challans in the Accountant General’s Office and that according to Rule 4, 5(II) of the Bihar Financial Rules, the interest accrued on the deposited amount have to be surrendered in the Government Treasury/State Exchequer through challan.
7. From the said minutes, it further appears that the statutory amounts which are being deposited by the Insurance Company-appellant in Miscellaneous Appeals are being deposited in the said S.B. Account No. 835 in the Bank of India, Jharkhand High Court Extension Counter, Ranchi which is operating since 18.10.2001. Since the said statutory amounts deposited in the account are lying for months/years, awaiting final disposal of the appeals by this Court as also the order for withdrawal/refund of the amounts, the deposited amounts, in the meanwhile, earn interest. The fate of the said amount of interest is sought to be clarified by interpreting the order dated 21.9.2001, passed by the said Division Bench.
8. Chapter XXIII of the High Court of Jharkhand Rules, 2001 deals with the deposit and repayment of money in the office of the Court, Rule 263 provides as follows:
263. When money is required to be paid or deposited in the office of the Court it shall be accompanied by triplicate Challans which shall be delivered to the Accountant of the Court. If the Challans are in order the Accountant shall sign and return the three Challans to the person making the payment or deposit for presentation with the money to the Cashier of the Court. The Cashier shall thereupon receive the money, enter the receipt in the registers of receipts, sign each Challan and send the Challans to the Accountant. The Accountant shall then enter the amount in the register of receipts, issue one copy of the Challan to the person making the payment or deposit as a receipt for the money, send the second copy to the office to be filed with record concerned, and keep the third copy serially in a guard file. When the amount exceeds Rs. 500/- the copy of the Challan intended as a receipt for the money shall be signed by the Deputy Registrar before it is issued. The Cashier shall remit the money he has received to the Treasury with the Treasury Pass Book, after verification by the Deputy Registrar or in his absence, by the Assistant Registrar, on the next day on which the Treasury is open following the day of payment.
9. On perusal of the said rule, it is clear that any money required to be paid or deposited in the office of the Court has to be delivered to the Accountant of the Court accompanied by triplicate Challans for presentation with the money to the Cashier of the Court. The Cashier, on receipt of money, has to enter the receipt in the registers of receipts and after signing the Challans, send Challans to the Accountant who has to then enter the amount in receipts and then has to complete other formalities, as prescribed therein, and the Cashier has to remit the money he has received to the Treasury with the Treasury Pass Book after verification, of the Deputy Registrar on the next day. on which the Treasury is open following the day of payment.
10. Elaborate provisions have been made for dealing with such payments/deposits and maintenance of proper records under Rules 264 to 274.
11. Rule 275 empowers the Chief Justice to issue administrative order for opening an account in the name of the High Court in a Bank, which shall be operated by the Registrar General or by such other officer jointly with the Registrar general or otherwise as the Chief Justice may nominate for this purpose and if and when such account is opened, Rule 276 provides for carrying out and operating through that Bank Account the transaction relating to the deposit of money in the Court by any one or withdrawal of money by any one, as mentioned in the provisions of the various rules of Chapter XXIII. Further, Rule 277 empowers the Chief Justice to issue administrative order to facilitate the deposit of money in the Bank In the name of the Court or the withdrawal of the money from the Bank by the order of the Court, as may be conducive to the objects sought to be achieved under the Rule. The said Rule 275 begins with non-obstante clause and reads as follows:
275. Notwithstanding anything contained in the foregoing Rules of this Chapter, the Chief Justice may by an administrative order, direct that an Account in the name of the High Court may be opened in a Bank which shall be operated by the Registrar General or by such other Officer jointly with the Registrar General or otherwise as the Chief Justice may nominate for this purpose.
12. From Rules 275 to 279, detail provisions have been made conferring administrative power to the Chief Justice of this Court to issue administrative orders/instructions, as may be conducive to the objects sought to be achieved for the purpose of opening an account, operation of the account and carrying out the transactions relating to deposit of money in the Court by any one or withdrawal of money from the Court by any one and to facilitate the deposit of money in the Bank in the name of the Court or the withdrawal of money from the bank by order of the Court.
13. We have carefully perused the order of the Division Bench, dated 21.9.2001 passed in this case, the minutes of the Finance Committee vis-a-vis the letter of the Accountant General and the relevant rules of Chapter XXIII of the High Court Rules and having considered all the aspects, we hold that since elaborate provision has been made in High Court for opening a bank account and for operating and carrying out transactions relating to the deposit of money in the Court by any one and withdrawal of money by any one and to deposit money in the bank in the name of the Court or for withdrawal of money from the bank by order of the Court whereby the administrative powers vest in the Chief Justice of this Court, no separate judicial order was required for the said purpose after coming into force of the High Court of Jharkhand Rules, 2001 with effect from 6th June, 2001 vide High Court Notification, dated 10.5.2001.
14. The High Court of Jharkhand Rules, 2001 has been framed by the High Court of Jharkhand in exercise of powers conferred by Section 29 of the Bihar Re-organization Act (Act XXX of 2000) and such is the Statutory Rule. It appears that the Division. Bench, which passed the said order dated 21.9.2001, has passed the said order without taking into consideration the said provisions of the Statutory Rule. In our view the decision pertaining to the deposits/withdrawal and operation, the bank account has to be taken by the Chief Justice of this Court and since the account has already been opened by the judicial order dated 21.9.2001, which is in consonance with the provisions of Chapter XXIII (Rule 275 onwards) the Chief Justice of this Court is fully empowered to deal with the same and all decisions pertaining to the same can be taken and administrative order/instructions be issued by the Chief Justice of this Court. Any power sought to be exercised by any authority under a statutory provision has to be exercised by that authority and by no other forum. The reference made to us is, thus, answered, accordingly.
M.Y. Eqbal, J.
I agree.
LA. No. 2183 of 2004
Narendra Nath Tiwari, J.
1. In this application the respondents 1 to 4 have prayed for an order for withdrawal of the statutory amount deposited by the Insurance Company by Challan No. J-7 dated 27.5.2004 by directing the Company to prepare a fresh cheque or revalidate the cheque No. 0405380 and to hand over the same to the claimant-respondents.
According to the claimant-respondents, the award was made in their fabour for payment of Rs. 3,00,000/- (Rupees Three Lakh) along with the interest at the rate of 12% per annum by deducting Rs. 25,000/- (Rupees Twenty Five Thousand) from the said amount. Miscellaneous Appeal No. 26 of 2000 was disposed of modifying the amount of Interest from 12% to 9% per annum and it was further directed that the statutory amount of Rs. 25,000/-deposited by the Insurance Company shall be withdrawn by the said Company. The claimant-respondents have also not withdrawn the said amount of Rs. 25,000/-. In the meanwhile, a cheque bearing No. 0405380 drawn on Bank of India was deposited on 4.10.2001 being deposit No. J/53, which is said to be credited in the High Court’s account. The claimant is entitled to withdraw that amount with interest accrued on the said amount. We allow the respondents-applicants to withdraw the statutory amount which is deposited by the Insurance Company in this Court by challan No. J-7 dated 25.4.2000 and also the amount deposited by Challan No. J-53 as per the order passed in Miscellaneous Appeal No. 26 of 2000.
This interlocutory application stands disposed of.
M.Y. Eqbal, J.
I agree.