Court No. - 32
Case :- WRIT - C No. - 17915 of 2019 Petitioner :- Bireshwar Das And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praveen Kumar Singh,Gaurav Tripathi Counsel for Respondent :- C.S.C.,Yashwant Singh
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
Today rejoinder affidavit has been filed, which is taken on record.
Heard learned counsel for the parties and perused the record.
This writ petition has been filed, inter alia, for the following reliefs :-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to defreeze the savings bank account no.616014020000186, 616012070040062, 616382010001048, 616402070000019 and 616382010001050 Kashi Gomati Samyut Gramin Bank Shivala Branch Varanasi, and allow them to operate it without any hindrance."
From the perusal of the records it appears that the petitioner was working in the Kashi Gomati Samyut Gramin Bank Shivala Branch Varanasi, on the post of Senior Branch Manager when he committed the alleged fraud with the concerned bank. Therefore, an FIR was lodged against him and departmental inquiry was initiated against him.
According to respondent no.2- Kashi Gomati Samyut Gramin Bank Shivala Branch Varanasi, the petitioner no.1 has misused his position in the bank by carrying certain suspicious transactions, on account of which Rs. 21,74,786.00/- was illegally transferred to the accounts of certain close acquaintances of the petitioner. When the officials of the bank confronted him, he deposited the entire alleged amount of Rs. 21,74,786/- in the bank.
It has been submitted by learned counsel for the petitioner that respondent no.2 has freezed his personal as well as FDR accounts and he is not being permitted to withdraw any amount, even though he has already deposited the entire amount of Rs. 21,74,786/- as claimed by the Bank. The petitioner in the meanwhile has retired.
Shri Yashvant Singh, learned counsel for the Bank has stated that there is possibility of some more fraud being detected during the course of enquiry as such it would not be prudent to permit the petitioner to withdraw the entire amount from his bank accounts and FDRs.
Considering the facts of the case and keeping in view that the petitioner has already deposited the entire amount as claimed by the Bank as on date, the petitioner may be permitted to withdraw at least 50 per cent of the amount from his personal bank accounts. Decision with regard to the withdrawal of the remaining amount may be taken by the Bank after the conclusion of the inquiry. Hence, we direct the concerned Bank to permit the petitioner to withdraw 50 per cent of the amount deposited in his saving as well as in current accounts.
Accordingly the present writ petition is disposed of.
Order Date :- 31.7.2019 A. Dewal