Patna High Court
Binay Kumar Sinha vs Uttar Bihar Gramin Bank on 29 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2662 of 2023
======================================================
Binay Kumar Sinha, Son of Late Rajendra Prasad, Resident of Priya Nagar,
Ward No. - 01, Sonbarsa, Saharsa Raj Saharsa, District- Saharsa.
... ... Petitioner
Versus
1. Uttar Bihar Gramin Bank through its Chairman, Head Office, Kalmabagh
Chowk, Muzaffarpur, Bihar.
2. The Chairman, Uttar Bihar Gramin Bank Head Office, Kalamnbagh Chowk,
Muzaffarpur.
3. The General Manager, Uttar Bihar Gramin Bank, Head Office Kalambagh,
Muzaffarpur.
4. The Regional Manager, Uttar Bihar Gramin Bank, Saharsa.
5. The Branch Manager, Uttar Bihar Gramin Bank, Purani Bazar, Branch-
Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar Jha, Adv.
Mr. Pranav Kumar Jha, Adv.
For the Resp-Bank : Mr. Prabhakar Jha, Adv.
Mr. Amitesh Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 29-01-2024
Heard Mr. Subodh Kumar Jha, learned counsel for the
petitioner and Mr. Prabhakar Jha, learned counsel for the Uttar
Bihar Gramin Bank.
2. The petitioner, who superannuated on 30.01.2010
from the post of Branch Manager, Puraini Bazar, Branch,
Madhepura, has filed the present writ petition, seeking quashing
Patna High Court CWJC No.2662 of 2023 dt.29-01-2024
2/6
of the Letter No. H/TBC/14/21-22/765 dated 23.12.2021 issued
under the signature of Chairman of the respondent/Bank
whereby and whereunder, the respondent no.1, has rejected the
representation dated 01.10.2021 filed by the petitioner. The
petitioner also sought further direction to ensure payment of
remaining retiral dues and other emoluments.
3. It is the fact that during the pendency of the writ
petition, on the intervention of this Court, the substantive due
amount has been paid to the petitioner. However, while ensuring
the payment, a huge amount of the petitioner to the tune of
Rs.7,32,735/- sanctioned under the Gratuity and Leave
Encashment, has been adjusted against the outstanding OD
account, housing loan and C.D. Nominal.
4. It is submitted on behalf of the petitioner that the
petitioner superannuated on 30.01.2010 but as per the records
and the clearance certificate issued on 04.10.2010, it clearly
suggest that the petitioner had the outstanding dues of only
House Building Loan of Rs. 1,59,673/- and KS amount i.e.(OD)
for Rs. 1,18,538.78/-. But, they kept the matter pending for a
pretty longtime in the name of enquiry and later on after adding
the interest over the due amount, the total amount of Rs.
7,32,735/- sanctioned in favour of the petitioner, has been
Patna High Court CWJC No.2662 of 2023 dt.29-01-2024
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recovered in a most arbitrary manner. He further emphasized
that at the one hand, the respondents have calculated the
exorbitant interest over the due amount of the petitioner,
however, they failed to ignore the fact that the petitioner was
also entitled to interest over the sanctioned amount of Rs.
7,32,735/-.
5. A counter affidavit has been filed on behalf of the
respondent/Bank and submission has been made that on the
retirement of the petitioner, the then Chief General Manager
sanctioned Rs. 4,21,500/- under the head of Gratuity and Rs.
3,11,235/- as Leave Encashment on 30.08.2011, which was
calculated on the basis of his last revised and fixed basic pay of
Rs.28,100/-. However, before payment of the aforesaid retiral
dues to the petitioner, the Regional Officer, Saharsa vide its
letter dated 30.08.2011, requested the Head Office to conduct a
special inquiry against the petitioner against whom certain
allegation of irregularities have been made. Accordingly, on the
basis of the afore-noted letter dated 30.08.2011, the payment of
retiral dues of the petitioner was stopped. Subsequently, the
Regional Officer, Saharsa vide its letter dated 09.03.2017
informed that several personal liability were pending against the
petitioner i.e. CD Nominal Liability of Rs. 3,73,128/-/-,
Patna High Court CWJC No.2662 of 2023 dt.29-01-2024
4/6
outstanding OD account of Rs. 2,76,767/-, House Building Loan
of Rs. 2,22,388/- and under ATL account Rs. 1,29,336/-. In
response to the aforesaid letter, the petitioner vide his letters
dated 13.06.2019 and 13.08.2019, had requested to adjust
outstanding O.D. balance and CD Nominal Liability from his
retirement benefits and pay the remaining retiral dues to him.
By the said letter, the petitioner had also requested to issue
details of the CD Nominal Debit, so that the rectification may be
done at his level and if such amount is rectified, then the same
would be paid within six months after rectification. On account
of the aforesaid request, the adjustment has been made, the
particulars of which has mentioned in a tabular chart, which is
as follows:
SI. Date Particular Sanctioned Adjusted Remarks
No. Amount amount
from
retiral dues
1. 13.08.2019
Gratuity 4,21,500/-
2. 13.08.2019 Leave 3,11,235/-
Encashment
3. Outstanding 2,98,659.7 As per
OD account of 8/- request
petitioner letter dated
13.06.2019
of Shri
Sinha
(Annexure
-A)
4. Outstanding 1,71,347.2
Housing Loan 2/-
of petitioner
5. CD Nominal 2,62,728/- As per
Patna High Court CWJC No.2662 of 2023 dt.29-01-2024
Pending Entry request
letter dated
13.08.2019
of Shri
Sinha
(Annexure
-B)
Rs. Rs. Rs.
7,32,735/- 7,32,735/- 78227.67/-
(Remainin
g balance
of housing
loan
rectified in
interest)
6. At this stage, learned counsel for the petitioner,
submitted that irrespective of the request made by the petitioner,
till date he has not been furnished the details of the CD Nominal
Debit nor the interest over the sanctioned amount of Gratuity
and Leave Encashment has been accorded and surprisingly the
due amount as noted hereinabove has been adjusted.
7. Considering the rival submissions on behalf of the
learned counsels for the respective parties, the writ petition is
disposed of with a direction to the petitioner to approach before
the respondent no.2, the Chairman, Uttar Bihar Gramin Bank,
Head Office, Kalamnbagh Chowk, Muzaffarpur, who in turn
shall furnish all the details of outstanding dues of the petitioner
and would also allow adequate opportunity to the petitioner to
file response, along with proper calculation chart, whereupon
the respondent no.2, shall consider the claim of the petitioner
Patna High Court CWJC No.2662 of 2023 dt.29-01-2024
afresh after calculating the interest over the amount of
Gratuity/Leave Encashment, which was duly sanctioned in
favour of the petitioner way back in the year 2011 at par with
the interest which has been charged by the respondent/Bank
upon the outstanding dues against the petitioner, till the
adjustment and any amount is found payable to the petitioner,
the same must be paid to him. The entire exercise must be
completed within a period of three months.
8. This disposes the present writ petition.
(Harish Kumar, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30-01-2024
Transmission Date
