LAWS(CHH)-2019-4-173

PRABHASH CHANDRA SARDAR Vs. STATE BANK OF INDIA

Decided On April 25, 2019
Prabhash Chandra Sardar Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) Heard.

(2.) The present petition is against the action of the respondent State Bank of India, Branch Station Road, Durg, whereby the petitioner is restrained to withdraw the money from his saving account as well as not allowing to withdraw money from his recurring deposit (RD) account which has matured in the month of February, 2018.

(3.) The contention of the petitioner is that he was a retired employee of the Government of Higher Secondary School, Saja, District Durg and he retired from the post of Accountant on 28.12.2009. The Assistant General Manager, State Bank of India, had issued a recovery order dated 27.11.2017 (Annexure P-1) whereby direction/order for recovery has been made to the extent of Rs.7,50,552/- for the reason that from 01.11.2009 to 31.01.2017 excess payment of Rs.807550/- in the account of the petitioner was paid. It is further contended that the petitioner is getting pension of Rs.18,873/- and out of that Rs.6291/- is deducted being 1/3rd. It is further stated that the petitioner has separately filed a writ petition bearing WPS No.3151 of 2018, wherein the co- ordinate Bench of this Court has passed an order on 19.04.2019 whereby the order of recovery which has been passed on 27.11.2017 (Annexure P-1) has been stayed. Now the present petition is against the freezing of the saving account as well as the recurring deposit account i.e. the RD made by the petitioner.