Jharkhand High Court

Shambhu Nath Sharma vs The Central Coalfields Limited Through ... on 11 June, 2025

Author: Deepak Roshan

Bench: Deepak Roshan

                                                              2025:JHHC:15170


        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P. (S) No. 6785 of 2018
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Shambhu Nath Sharma, aged about 62 years, son of Sri Munilal Sharma, resident of near Ekta Club, Central Saunda, P.O. CCL Saunda, P.S. Bhurkunda, District Ramgarh. ....Petitioner Versus

1. The Central Coalfields Limited through its C.M.D. having its office At & P.O. Darbhanga House, P.S. Kotwali, District Ranchi.

2. The C.M.D., Central Coalfields Limited having its office At & P.O. Darbhanga House, P.S. Kotwali, District Ranchi.

3. The Project Officer-cum-Chairman, Credit Co-operative, Saunda-D, P.O. Saunda-D, P.S. Patratu, District Ramgarh.

4. C.C.L. Saunda-D Colliery Karamchari Co-operative Society Ltd. through its Chairman, Sunda-D Colliery, P.O. Saunda- D, P.S. Patratu, District Ramgarh.

5. Hazaribagh Central Co-operative Bank Ltd. through its Branch Manager, Bhurkunda, P.O. and P.S. Bhurkunda, District Ramgarh.

6. The Personnel Manager, Saunda-D Project, CCL, Saunda-D Colliery, P.O. Saunda-D, P.S. Patratu, District Ramgarh.

7. Jharkhand State Co-operative Bank Through its Chief Executive Officer, Ranchi. ....Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Nand Kishore Pd. Sinha, Advocate For the Resp.-CCL : Mrs. Richa Sanchita, Advocate Ms. Risheeta Singh, Advocate For the Resp. No.5 : Mr. Mrinal Kanti Roy, Advocate

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C.A.V. ON: 06.05.2025 PRONOUNCED ON: 11/06/2025

1. Heard learned counsels for the parties.

2. While hearing the instant application on 09.08.2019,

this Court has passed following order dated 09.08.2019 as

under:-

"Heard counsel for the parties.

The present writ petition has been filed for direction upon

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the respondents to pay the amount of earned leave amounting to Rs. 2,19,412/- and other retiral dues with interest to the petitioner and further for quashing the letter dated 04.03.2010, whereby the amount of Rs. 97,918/- has been recovered from the petitioner on account of Co-operative loan.

It appears that the petitioner was a regular employee of the Respondent-CCL. For the benefit of the employees, a Cooperative Society has been formed and the CCL has become guarantor for small loan to be granted to its employees. As per the terms, repayment has to be done by deduction from the monthly salary of the concerned employee.

It appears that some dispute has arisen regarding the deduction of amount from the salary of the concerned employee and deposit to the Bank. Employees has approached this Court by filing W.P.(S) No. 2786 of 2008 with W.P.(S) No. 2794 of 2008. A Co-ordinate Bench of this Court after hearing the parties, has disposed both cases vide order dated 23.05.2009. Para 14 of the judgment is quoted hereinbelow:-

"In the light of the above facts and circumstances, further deductions from the salary of the individual petitioners @ Rs. 2,000/- per month towards purported repayment of their outstanding dues of their respective loan accounts, shall remain stayed. The Personnel Manager, Saunda-D Project, C.C.L., Saunda-D Colliery, Ramgarh (Respondent No. 8) shall collect the statement of account pertaining to the total amounts deducted from the monthly salary of each of the petitioner, towards repayment of their respective loan amounts, and also obtain information as to whether such deducted amounts were deposited in the individual Bank accounts of the petitioners/borrowers and if so, on what dates, and prepare a statement accordingly in respect of each of the petitioners and inform them accordingly. The Personnel Manager, Saunda-D Project, C.C.L., Saunda-D Colliery, Ramgarh (Respondent No. 8), shall also receive the objections of the petitioners, if any in respect of the projected statement of accounts and shall consider the documents produced by the petitioners in support of their objections upon the final assessment so made by him and thereafter, if any amount is found outstanding against any of the petitioners, then appropriate orders may be passed for the recovery of the outstanding dues by way of deductions from the salary of the petitioners/borrowers. The entire exercise must be completed by the Respondent Personal Manager within four months from the date of receipt/production of a copy of this order."

It appears that in compliance of the above direction impugned letter dated 04.03.2010 has been issued showing Rs. 97,918/- recoverable from the petitioner on account of cooperative loan. Objection has been raised vide letter dated 05.03.2018.

From argument of the parties, it appears that the grievance has been raised with regard to the deduction from the salary and non-payment to loan account.

As per the petitioner, the entire deduction made from salary has not been deposited to the Bank and this discrepancies

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has been directed to be corrected by the order of a Co-ordinate Bench of this Court dated 23.05.2009 (Supra).

A counter affidavit has been filed by both the CCL and the Co-operative Bank. CCL has taken action as per requisition of the Co-operative Bank, but surprisingly, CCL has not shown the deduction made from the salary of the petitioner. This is exactly the dispute by the petitioner that the entire deduction has not been reflected in the deposit to the Bank.

Thus, real grievance of the petitioner is that deduction made and not paid to the Co-operative Bank. For such dues, petitioner is not responsible and this factum has not been disclosed by the respondent in spite of order of this Court dated 23.05.2009 (Supra).

In view of above discussion, both the respondents are directed to file proper affidavit disclosing the month wise deduction and corresponding deposit in the Bank.

As prayed for, put up this case after two weeks. Let the copy of this order be handed over to the counsel for the CCL."

3. Pursuant thereto, a supplementary counter affidavit

on behalf of respondent Nos.1, 2, 3, 4 and 6 was filed on

28.08.2019 wherein the concerned respondents have taken a

specific plea that the petitioner is raising disputed question of

fact with regard to the loan. For brevity para 7 to 13 is extracted

hereinbelow:-

"7. That this supplementary affidavit is being filed by the answering respondents pursuant to order passed by this Hon'ble Court vide its order dated 09.08.2019, by which respondents were directed to file supplementary counter affidavit regarding details of the deduction of loan amount from the monthly salary of the petitioner and the same has been deposited in the Hazaribagh Central Cooperative Bank.

8. That it is submitted that total 225 members of Employees Cooperative Credit Society, Saunda-D Colliery who have applied for loan total of Rs. 40,60,000/- from Central Cooperative Bank Limited, Hazaribagh through the Employees Cooperative Credit Society. The answering respondents have given a guarantee on 05.09.1998 that the monthly installments of the said loan shall be deducted in each month from the wages of employees concerned. The money has recovered shall be paid to the Central Cooperative Bank Limited, Hazaribagh through cheque.

9. That it is submitted that answering respondents have written a letter to the Cooperative Bank regarding the details of the loan amount as well as repayment of the same vide its letter contained in memo no. 695 dated 26.08.2019. It has been

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requested to the Bank that provide the details of loan taken by the petitioner and as on date what amount is due / outstanding against the petitioner.

10. That it is submitted that Bank has replied the letter issued by the answering respondents vide its letter contained memo no. 30 dated 27.08.2019 stating inter-alia that in the loan account of the petitioner till April, 2009 total Rs. 26,000/- has been deposited and as on date total Rs. 71,918/ upto 2008 is still due / outstanding against the name of the petitioner.

11. That it is submitted that after much persuasion some old pay slip of the petitioner has been found and it also reveals that since April, 2009 the loan amount has been deducted from the salary of the petitioner and the same has been deposited in the Cooperative Bank vide cheque by the answering respondents which is evident from the salary slip of the petitioner as well as copy of peon book by which cheques were sent to the bank after deduction from the salary of the employees.

12. That it is submitted that after 2009 no amount had been deducted from the salary of the petitioner in the name of loan of Saunda-D Credit Cooperative Society as such as on today total Rs. 71,918/- is still due against the name of the petitioner as against the loan account which has been taken by the petitioner on 31.03.1998- Rs. 20,000/-, 25.10.1998, Rs. 25,000/- and 20.11.1999, Rs. 20,000/-.

13. That it is submitted that there are disputes between petitioner and the Bank as well as the answering respondents regarding repayment of the loan which has been admittedly taken by the petitioner while he was in service in the year 1998-1999. It is pertinent to mention here that disputed question of fact cannot be adjudicated by this Hon'ble Court in the extra ordinary writ jurisdiction."

4. Pursuant to the above referred order, respondent

No.7 has also filed a supplementary counter affidavit taking the

following stand. For brevity para 6 to 14 is extracted

hereinbelow:-

"6. That it is submitted that as has been stated in the writ application itself, the petitioner has initially availed a loan of Rs. 20,000/- on 31.3.1998 from the then Bhurkunda Branch of the Hazaribagh Central Cooperative Bank Ltd. through Saunda 'D' Credit Co-operative Society.

7. That this loan of Rs. 20,000/- has been repaid in full and on 31.3.2000 there was no amount due from the petitioner against this loan.

8. That subsequently the writ petitioner took another loan of Rs.

25,000/- on 25.10.1998 and not on 25.11.1998 as stated by the petitioner.

9. That in the year 1998 the petitioner had availed two loans, one of Rs. 20,000/- and another of Rs. 25,000/-. Against

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both the loans, a monthly instalment of Rs. 1535/- was paid by the petitioner up to February, 2000. On the basis of the amount deposited by the petitioner, the loan of Rs. 20,000/- has been repaid in full whereas the entire amount of Rs. 25,000/- alongwith interest remained unpaid.

10. That the petitioner has disputed this loan of Rs. 25,000/-.

The petitioner cannot take this stand in view of the fact that in the general body meeting of the Saunda 'D' Credit Society held on 24.9.1998, the issue of grant of loan to the members mentioned therein had been discussed at Agenda No. 2. Along with the minutes of the meeting, a list of 225 members was annexed and the name of the petitioner appears at sl. No. 12.

11. That on the basis of the request sent by the credit society, the Cooperative Bank has extended the loan to all the 225 members on the guarantee of the Project Officer of Saunda 'D' Colliery, wherein he had assured that the monthly instalment of the said loan would be deducted in each month from the wage of the employees concerned and the money so recovered shall be paid to Central Cooperative Bank Ltd., Hazaribagh through account payee cheque.

12. That again on 20.11.1999 the petitioner took further loan of Rs. 20,000/- and the instalment up to November, 2000 was paid and as on 31.3.2001, principal amount of Rs. 7,720/- and an interest of Rs. 1504/- still remains due against the petitioner.

13. That subsequently from March 2008 to April 2009 the petitioner paid a sum of Rs. 26,000/- (Rs. 13,000/-principal and Rs. 13,000/- interest) was paid by the petitioner and thus a sum of Rs. 31,212/ as principal amount and Rs. 40,706/ being the interest amount (total being Rs. 71,918/-) remained unpaid as on April 2008.

14. That now coming to the Annexure-C filed by the Respondents No. 1, 2, 3, 4 and 6 in their supplementary counter affidavit, it is submitted that the same is pay slip of the petitioner for the months of April 2008 and it is admitted case of the respondent in April 2008, a sum of Rs. 2,000/- has been received from the Project Officer, Saunda 'D' Colliery against the petitioner. Thus, the amount reflected in the pay slip of the petitioner has been received by the bank."

5. Having heard learned counsels for the parties and

after going through the averments made in the respective

affidavits, it is quite evident that the grievance of the Petitioner

is that he has taken loan from the Bank and deduction has

been made from his salary and paid to the Society and in turn,

Society has transmitted the amount to the Bank.

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The allegation which has been made by the Petitioner

is that the entire amount, which has been deducted from his

salary, has not been transmitted by the Society to the Bank.

Thus, there is a gap between the deduction from salary paid to

the Society and the transmission of money from Society to the