IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5221 of 2010 DIP NARAYAN GHOSH S/O LATE AKHIL BHUWAN GHOSH R/O NEW DURGA ASTHAN, JHAWA KOTHI, CHOTI KHANJARPUR, P.S. BARARI, DISTT.- BHAGALPUR Versus 1. THE CHAIRMAN, CORPORATION CENTRE, S.B.I. CORPORATION OFFICE, MUMBAI 2. THE GENERAL MANAGER (NETWORK-2) STATE BANK OF INDIA, LOCAL HEAD OFFICE, WEST GANDHI MAIDAN, PATNA-800008 3. THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE, WEST GANDHI MAIDAN, PATNA-800008 4. THE A.G.M., STATE BANK OF INDIA, MAIN BRANCH, KHANJARPUR, BHAGALPUR 5. THE CHIEF MANAGER, STATE BANK OF INDIA, MAIN BRANCH, BHAGALPUR 6. THE BRANCH MANAGER, STATE BANK OF INDIA, BUXAR ----------- 04. 27.04.2010 Heard learned counsel for the petitioner and the State Bank of India(hereinafter referred to as the Bank), who prays for time to file counter affidavit. Such prayer is refused as under orders dated 30.3.2010 and 16.4.2010 indulgence was allowed to the Bank to file counter affidavit but the same has not been filed. 2. Petitioner is pensioner as he superannuated with effect from 31.3.2007 while serving as Office Superintendent, Engineering Section, Railways, Buxar. Since the date of his retirement till May, 2008 he withdrew his pension from his saving Bank Account No.11239572680 from the Buxar Branch of the Bank. Since June, 2008 payment of his pension has been withheld. He made representation before the authorities of the Bank but when pension was not released he filed the present writ application. 3. Counsel for the Bank states that petitioner has got several saving Bank account besides Account No.11239572680 in other Branches of the Bank in the State of Bihar and Jharkhand and in those Branches several remittances have been received, which is not being accounted for by the petitioner. In appreciation of remittances - 2 - received in other accounts of the petitioner which is not being accounted for his pension payment has been withheld. Receipt of remittances which is not being accounted for by the petitioner cannot be a ground to withhold the withdrawal of the pension credited in his account by his erstwhile employer. Counsel for the Bank also stated that pension amount of the petitioner for the period between June, 2008 till date is already parked in his account but as the enquiry is under progress he is not being permitted to withdraw the amount. Pendency of the enquiry cannot be a ground not to allow the petitioner to withdraw the pension amount credited in his Bank account. Accordingly, it is directed that the petitioner be allowed to transact and withdraw the pension credited in his saving Bank Account No.11239572680 in the Buxar Branch of the Bank. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)