SURESH SINGH BHADORIYA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief:-

(2.) Undisputed facts for the disposal of the present petition in short are that respondent No. 3, who was holding the post of Clerk in the office of District Treasury, Bhind had taken a loan from the respondent No. 1 and the petitioner stood as a guarantor of this loan. The petitioner stood superannuated from the post of Veterinary Field Officer on 30.09.2004. After the superannuation of the petitioner, the respondent No. 3 was also transferred from Bhind to Alirajpur and his bank account has also been transferred from Bhind to Alirajpur. Undisputedly the respondent No. 3 committed a default in repayment of the loan amount. Accordingly, the respondent No. 1 has withheld the pension account of the petitioner as he had stood guarantor for the said loan.

(3.) It is submitted by the counsel for the petitioner that the respondent No. 1 cannot recover the amount from the petitioner because first of all, the loan amount should be recovered from borrower and no attempt has been made by the respondent No. 1 to recover the loan amount from the defaulter borrower / respondent No.3.