SHYAMA CHARAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ram Janam Prasad for the petitioner, Mr. S.N. Pathak for the respondent Bank and its functionaries, and learned Junior Counsel to Additional Advocate General No. I for the State of Bihar.

(2.) According to the writ petition, the petitioner superannuated from the services of the Bihar State Co-operative Bank Limited, Patna, with effect from 30-11-1997, while functioning as Deputy Genera! Manager. The petitioner complains before this Court that the respondent Bank has deducted a sum of Rs. 30,000/- from his post-retirement benefits for the reason that, while in service, he stood guarantor to a loan granted to the borrower. The borrower did not repay the laon and, therefore, the amount had been deducted from the petitioner's post-retirement benefits in the capacity of a guarantor.

(3.) The petitioner assails the validity of the impugned action, inter alia, on the ground that the respondent Bank did not take steps to realise the money from the borrower, and has instead chosen to realise it from the petitioner, the guarantor He relies on the following decisions/orders of this Court as contained in Annexures 5,6 and 7;