A loan repayable in installments, given to a Govt. Servant on behalf of “Undertaking” from his department that if installments cheques are dishonoured on their dates, the amount of cheque installment will be deducted from salary and send to creditor at once. Now when letter regarding dishonoured of cheque was sent to Govt. Department for deducting amount from salary, it was written back by Department that “Undertaking” was not given by it and you are free to lodge FIR against borrower-employee. On back side of “Undertaking,” it was also clearly written and signed by borrower-employee, at time of taking loan that “Undertaking is signed and given by officer(name), who is authorized to sign undertaking. In private, it is accepted undertaking is given, but company should do whatever it likes lodge FIR etc. Now Department neither wants to deduct the amount from the salary of borrower-employee, nor wants to lodge the FIR against the borrower-employee i.e. they want to do nothing. I want to know whether in spite of denial by Department, can a civil suit be instituted against department for giving undertaking duly signed and given on printed letter of Department and the paper used is also printed letter of Department.
