DEENDAYAL KHANDURI Vs. SECRETARY, COOPERATIVE BANK

JUDGEMENT

(1.) Heard Mr. Vinodanand Barthwal, learned counsel for the petitioner, Mr. B.S. Parihar, learned Standing Counsel appearing for the State and Ms. Seema Sah, learned counsel appearing for the respondent-Bank and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The petitioner had earlier invoked the jurisdiction of this Court filing Writ Petition (S/B) No.75 of 2018, seeking to have the order dated 27.11.2017 quashed; and for a mandamus directing the respondents to grant him payment of ex-gratia of Rs.1,80,000/- and Rs.26,000/- income-tax with interest.

(3.) By its order in Writ Petition (S/B) No.75 of 2018 dated 12.03.2019, a Division Bench of this Court directed the third respondent therein ie the Secretary/General Manager, District Cooperative Bank, Kotdwar, Garhwal to ascertain the extent to which the loans extended by the petitioner to various loanees, which were earlier declared as non-performing assets, had been recovered from them; after ascertaining the amounts recovered, the third respondent should release a part of the retiral benefits (withheld earlier by the third respondent and which had been kept in fixed deposit by him), in the petitioner 's favour, proportionate to the amount recovered from the loanees under the recovery certificate issued by the authorities concerned; the entire exercise, commencing from the verification of the amounts recovered from the loanees, thereafter in determining the amount to be paid to the petitioner, and the actual repayment to him, should be completed with utmost expedition; and, in any event, not later than three months from the date of receipt of a copy of the order. The Division Bench made it clear that, in case the entire amount due from the loanees is recovered under the recovery certificate, the balance amount retained by the third respondent, from the retiral dues of the petitioner, shall be paid to him.