B.KAMALAKANNAN Vs. THE MANAGING DIRECTOR,CANARA BANK

JUDGEMENT

(1.) The instant writ appeal arises from the order, dated 01.02.2012 made in W.P.No.938 of 2011.

(2.) The facts in nutshell, leading to the filing of the intra court appeal are that the appellant / petitioner served in Canara Bank for about 24 years and opted voluntary retirement, due to his ill health. When he was in service, he took housing loan to the tune of Rs.1,60,000/-. His son, K.Srinivasa Varadhan, availed a Educational loan to the tune of Rs.98,000/- and the appellant stood as co-obligant. After retirement, he settled in Delhi. While he was in Delhi, the appellant's son took second educational loan to the tune of Rs.1,50,000/-, suppressing the earlier educational loan. The appellant also availed other two loans.

(3.) The appellant is entitled to the pension and his pension was credited to his pension Savings Bank Account. Since the appellant / petitioner as well as his son committed defaults in repayment, notice under Section 13 (2) of SARFAESI Act was issued by the Bank. As far as Educational loans availed by the appellant's son are concerned, the Bank deducted the dues from the pension savings bank account of the appellant. During the period from 2005 to 2008, since the appellant did not submit life certificate, as required by the Regulations, pension amount was not credited to. When he sought information under Right to Information Act, he was informed by the Bank that an amount of Rs.1,75,809/- was deducted from his Pension account towards the educational loan obtained by his son. The appellant preferred the writ petition, questioning the deduction of the amount from the Pension account.