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TMI Blog2021 (11) TMI 547X X X X Extracts X X X X X X X X Extracts X X X X ..... dling charges have been collected by mistake or by misinterpretation of the Circular of the Head Office of the State Bank of India and such collection being made by the Respondent Bank herein is without any authority. Collection of cash handling charges from the Stamp Vendors by the Third Respondent /Bank, while depositing money into Government Account through Treasury Challans is impermissible. Perusal of the Master Circulars relied on by the Second and Third Respondents /State Bank of India dated 01.07.2014 and 01.04.2021 reveals that the Second and Third Respondents are unable to establish that there is a direction / instruction / permission granted by the Reserve Bank of India to collect such cash handling charges on Government transactions. In the absence of any such specific direction or instructions from the Reserve Bank of India, the State Bank of India is not entitled to collect any cash handling charges from stamp vendors. Any such collection must be strictly in accordance with the Reserve Bank of India Regulations or in accordance with the Banking Regulations. Such collection of cash handling charges cannot be assumed or collected based on certain inferences. Any s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment challans are issued. The First Respondent viz., the Director, Treasuries and Accounts Department, Chennai vide letter dated 28.03.2016 addressed the Second Respondent viz., the General Manager, State Bank of India, Local Head Office, College Road, Nungambakkam, Chennai to waive off the cash handling charges collected from the stamp vendors, as the Government is paying separately to the banks. The Petitioners are forced to pay ₹ 150 /- to ₹ 200/- as cash handling charges, which have severe financial impact on the meager commission earned every day. 3. Learned Counsel appearing on behalf of the Petitioners/ Stamp Vendors submits that the Second and Third Respondents /State Bank of India, by misinterpreting the Master Circular issued by the Reserve Bank of India, collecting cash handling charges from the Petitioners, who all are depositing money through Treasury Challans into the Government account. 4. It is contended that the stamp vendors are depositing money through Treasury Challans in the Government account, more specifically, on behalf of the Government. Thus, the transaction cannot be treated as 'private transaction' and the money is being depos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s by the Government and therefore, the cash handling charges collected from stamp vendors may fully be waived off. The Stamp Vendors may also be exempted from the cash handling charges.'' In respect of the letter sent by the Director /Commissioner of Treasuries and Accounts, Government of Tamil Nadu, Learned Counsel appearing on behalf of the Second and Third Respondents /State Bank of India contended that those circulars are not binding on the State Bank of India. The Director /Commissioner of Treasuries and Accounts has no authority to prevent the State Bank of India from collecting any cash handling charges and therefore, the said clarificatory letter cannot be relied upon for the purpose of considering the request of the Petitioners for non-collection of cash handling charges. 10. Learned Counsel appearing on behalf of the Second and Third Respondents /State Bank of India reiterated that they are bound by the Master Circulars issued by the Reserve Bank of India and they are not bound by the orders passed by the Government of Tamil Nadu. 11. In view of the stand taken by the State Bank of India, this Court suo motu impleaded the Principal Secretary to Governm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... handling charges have been collected by mistake by misinterpretation of the Circular of the Head Office of the State Bank of India and such collection being made by the Respondent Bank herein is without any authority. In this regard, it is pertinent to point that, since the Third Respondent Bank itself is not clear about the permissibility of collecting cash handling charges from the petitioner, it has sought for a clarification from the AGM, SBI, Government, Banking Unit, Local Head Office, Chennai as to whether cash handling charges is applicable for stamp vendors since they are remitting money into State Government Account and not for their individual current /Savings Bank Account. The nature of the reply received is not known and the Second and Third Respondents shall be directed to produce the same before this Hon'ble Court if any reply was received. It is therefore submitted that the collection of cash handling charges from the Stamp Vendors by the Third Respondent bank while depositing money into Government Account through Treasury challans is impermissible and the Third Respondent Bank is put to strict proof of the same. 7. It is also submitted that as per th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s from the Petitioners, the clarifications sought for from the Assistant General Manager, State Bank of India, Government, Banking unit, Local Head Office, Chennai has also not been properly replied and the Government has stated that there is no reply for such clarification from the Bank. 16. Under these circumstances, such collection of cash handling charges from the Stamp Vendors by the Third Respondent /Bank, while depositing money into Government Account through Treasury Challans is impermissible. 17. Perusal of the Master Circulars relied on by the Second and Third Respondents /State Bank of India dated 01.07.2014 and 01.04.2021 reveals that the Second and Third Respondents are unable to establish that there is a direction / instruction / permission granted by the Reserve Bank of India to collect such cash handling charges on Government transactions. In the absence of any such specific direction or instructions from the Reserve Bank of India, the State Bank of India is not entitled to collect any cash handling charges from stamp vendors. Any such collection must be strictly in accordance with the Reserve Bank of India Regulations or in accordance with the Banking Regulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k of India, has to sensitize the officials in this regard to develop good conduct with the customers and the citizens, who all are approaching the Bank for transactions. These employees/officials must be reminded off that, from and out of the transactions through the customers and citizens, the salary to these employees are paid. Thus, they are expected to maintain good conduct always and honour the rights of the persons approaching the Bank. 24. It is brought to the notice of this Court by the Learned Counsel for the Petitioners that at the time of admitting the present Writ Petitions, interim orders were passed by this Court not to collect cash handling charges from the stamp vendors. However, such cash handling charges were collected. 25. Learned Counsel appearing on behalf of the Second and Third Respondents contended that in the event of producing any such proof, the bank will be in a position to respond. Thus, the Petitioners are at liberty to submit proof to establish that such cash handling charges were collected, that too when the interim order passed by this Court was in force. If such proof is produced, the Second and Third Respondents are bound to return the money ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dingly, the Second and Third Respondents have failed to establish that they have the authority to collect cash handling charges from the stamp vendors, who all are depositing money through Treasury Challans for purchase of stamps. 28. In view of the facts and circumstances, this Court is inclined to pass the following orders: (1) The Collection of cash handling charges from the stamp vendors/petitioners by the 2nd and 3rd respondents are declared as illegal and without any authority. Accordingly, the respondents 2 and 3 are directed, not to collect any cash handling charges from the stamp vendors, while depositing cash in Government accounts through Treasury Challans in any of the branches of the State Bank of India. (2) The 2nd respondent is directed to communicate this order along with necessary circular/instructions to all the branches of the State Bank of India and upload the same in the official website of State Bank of India, enabling the citizens to know their rights. 29. With the above directions, these Writ Petitions are allowed. No costs. Consequently, connected miscellaneous Petitions are closed. Post this matter on 20.12.2021 under the caption For Repo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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