PARVARI DEVI Vs. PUNJAB NATIONAL BANK AND ORS.

JUDGEMENT

(1.) Present writ petition is directed against the order dated 31.8.2010 (Annexure P-2) issued by respondent No. 3, whereby recovery of an amount of Rs. 50587/- was made from the pension account of the husband of the petitioner, without issuing any show cause notice or prior intimation to the petitioner. Notice of motion was issued and pursuant thereto, written statement has been filed on behalf of the respondent-bank authorities.

(2.) Learned counsel for the petitioner submits that although the petitioner does not deny her financial liability, yet it was least expected from the respondent bank-authorities to issue atleast a show cause notice or a prior intimation to the petitioner, before effecting the recovery of a huge amount of Rs. 50587/- in one go from the pension account of her husband, who is no more. He further submits that petitioner is a widow and getting family pension. He submits that the respondent-bank may be directed to recover the remaining amount of Rs. 65345/- from the pension account of the petitioner, but only by way of easy monthly instalments, which should not be more than 1/4th of the monthly pension amount. Learned counsel for the petitioner prays for allowing the present writ petition.

(3.) Per contra, learned counsel for the respondent-bank relies on the guidelines issued by the Reserve Bank of India and claims entitlement of the bank under clause 159 of guidelines issued by the Reserve Bank of India. He prays for dismissal of the writ petition.