R LATHA Vs. AUTHORISED OFFICER ANDHRA BANK

JUDGEMENT

(1.) COMMUNICATION of the Chief Manager and Authorized Officer of the Andhra Bank, Chennai, dated 12.1.2008, rejecting the request of the petitioner for rescheduling the outstanding loan amount of Rs.5,07,309.12ps., due as on 31.12.2007, together with further interest till the date of payment in full and a further direction to deliver vacant physical possession of the secured asset (symbolic possession of which was already taken on 24.10.2005), and a further direction that if the petitioner does not deliver, the respondent would be constrained to take appropriate steps to secure physical vacant possession of the secured asset and to sell the same for recovering their dues, as per the provisions of SARFAESI Act, without any further reference to him, is under challenge in this writ petition.

(2.) FOLLOWING disciplinary action, the petitioner was inflicted with a penalty of compulsory retirement on 16.8.2004. Legality of the enquiry and the punishment imposed is under challenge in W.P. No. 9720 of 2005.

(3.) THE above said writ petition was disposed of on 18.7.2007, with a direction to the respondents therein to consider her entitlement of leave encashment and for rescheduling of loan amount without going into the merits of the case. But, by letter dated 29.8.2007, the respondents informed the petitioner that as per the Regulations, an officer whose exist by way of punishment is not entitled leave encashment and hence, she made another representation dated 1.1.2004 to the first respondent dated 1.1.2008 to the first respondent, requesting for rescheduling of loan. THE said request has been rejected by a letter dated 12.1.2008, with a further direction to the petitioner to pay an alleged outstanding loan of Rs.5,70,309.12p., immediately and in default, vacant possession would be taken.