Disposed

Parmanand Goswami v. the State of Jharkhand

Jharkhand HC15 Jun 2022WPC/527/2020

Case brief

AI extract

What is this about?

In a writ petition challenging a bank's failure to reflect credited salary arrears, the High Court allowed an IA to implead Punjab National Bank. The court disposed of the main petition, ordering the petitioner to file a representation to the bank manager with liberty to appear thereafter.

What did the court decide?

Allowed IA to implead PNB. Directed petitioner to file representation to Branch Manager within one month; Bank to decide within 15 days.

Parmanand Goswami Vs the State of Jharkhand — Banking and Recovery | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 527 of 2020

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With

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I.A. No. 4594 of 2022

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Parmanand Goswami Aged about 69 years, Son of Late Brijendra Goswami, Resident of Dhobarni, P.O.- Raundhiya, P.S.- Saraiyaghat, District- Dumka, Jharkhand. … … Petitioner

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Versus

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The State of Jharkhand

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The Treasury Officer, Dumka, Dumka Treasury, P.O. & P.S.- Dumka District- Dumka, Jharkhand.

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The Chief Regional Manager, United Bank of India, Regional Office at 3^rd Floor, Saluja Building, Pee Pee Compound , Main Road, Ranchi, P.B. No. 172, P.O.- G.P.O. Ranchi, P.S.- Chutia, DistrictRanchi, Jharkhand.

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The Branch Manager, United Bank of India, Dumka Branch, At Agarsen Bhavan Road, P.O. & P.S.- Dumka, District- Dumka, Jharkhand.

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The Branch Manager, Punjab National Bank, Dumka, (Sindhi Chowk Branch), P.O. & P.S. Dumka, District- Dumka, Jharkhand.

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… … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Mahesh Kumar Sinha, Advocate For the Resp.- State : Mr. Ankit Apurva, Advocate For the Resp. No. 5- Bank : Mr. PAS Pati, Advocate

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07 /15.06.2022 I.A. No 4594 of 2022

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1. Learned counsel for the petitioner submits that this interlocutory application has been filed to implead “The Branch Manager, Punjab National Bank, Dumka, (Sindhi Chowk Branch), Dumka, P.O. & P.S.Dumka, District- Dumka, Jharkhand” as party respondent no. 5 in view of the fact that the United Bank of India has merged in Punjab National Bank.

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2. The learned counsel for the respondents do not have any objection to the prayer made.

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3. Accordingly, I.A. No. 4594 of 2022 is hereby allowed and “The Branch Manager, Punjab National Bank, Dumka, (Sindhi Chowk Branch), Dumka, P.O. & P.S.- Dumka, District- Dumka, Jharkhand” is permitted to be impleaded as respondent no. 5.

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4. The petitioner is directed to carry out the necessary correction in the cause title in red ink during the course of the day.

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W.P.(S) No. 527 of 2020

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5. This writ petition has been filed for the following reliefs: “For issuance of an appropriate writ/writs, order/orders, rule/rules,

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direction/directions in the nature of Mandamus commanding upon the Respondents and directing them specially the Branch Manager, United Bank of India, Dumka Branch, Respondent no. 4 to add the amount Rs. 1,05,235/- & Rs. 68,61,368.73 total Rs. 69,66,603.73 (Rs. Sixty Nine Lakh Sixty Six Thousand Six Hundred Three and 73 P.) in the Petitioner’s Bank Account No. 1692010011787 which were deposited on 05.05.2015 as Bonanza Current A/C and Current Deposit from OTHR respectively, which are the amount of differences of salary as well as other arrears of the Petitioner, which is payable to the Petitioner and come under Sol. 20 and Petitioner further prays to direct the Respondent No. 4 Branch Manager, United Bank of India, Dumka Branch to permit the Petitioner to withdraw the said amount which is arbitrarily withheld by the Respondents without any rhyme and reason whatsoever AND for any other relief/reliefs for which the Petitioner is legally entitled to.”

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6. The counsel for the petitioner submits that the petitioner is primarily aggrieved by the action of the Branch Manager of the respondent Bank and his grievance is that the credit entries made in his account are not being properly reflected and the petitioner is not being permitted to properly operate the bank account and to withdraw the credited amount.

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7. At this, the learned counsel for the respondents submits that this matter can at the first instance be looked into by the Bank Manager upon a representation which may be filed by the petitioner and if there is any grievance of the petitioner, that can be redressed.

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8. After hearing the learned counsel for the parties and considering the nature of grievance of the petitioner, this writ petition is disposed of with a liberty to the petitioner to file a representation before the newly added respondent no. 5 within a period of one month from today raising his grievance regarding his aforesaid problem in operation of the bank account. The petitioner shall produce a copy of the entire writ records before the Branch Manager.

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9. Upon filing of such representation, the respondent no. 5 is directed to look into the grievance of the petitioner and pass a reasoned order after granting an opportunity of hearing to the petitioner. The reasoned order should be communicated to the petitioner through speed post within a period of 15 days from the date of filing of the representation.

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10. This writ petition is accordingly disposed of.

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(Anubha Rawat Choudhary, J.)

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Pankaj

Parmanand Goswami v. the State of Jharkhand

Case brief

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Parmanand Goswami v. the State of Jharkhand

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