IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 18194 of 2007 DATE OF DECISION : 27.03.2009 V.M. Oberoi .... PETITIONER Versus Central Bank of India and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Yogesh Jain, Advocate, for the petitioner. Mr. A.S. Gagrha, Advocate, for the respondents. * * * SATISH KUMAR MITTAL , J. The petitioner has filed the instant petition under Article 226 of the Constitution of India for issuing direction to the respondent bank to release the amount of FDRs (Rs. 1,57,421/-) which has been illegally kept under lien of the bank. The petitioner was serving the respondent bank as Assistant Manager. From July, 2003 till his retirement on 31.12.2005, he remained posted as Assistant Manager at Branch Office, Sector 35-D, Chandigarh. He was in-charge of the Pension Section in the said Branch Office. It is the case of the respondent bank that due to the negligence of the officials of the CWP No. 18194 of 2007 -2- bank, including the petitioner, some excess payments were made in four pension accounts. The said excess payments were made from the year 1999 to 2004. The total excess payment made during the period the petitioner remain posted in the said branch was Rs. 1,57,421/-. The explanation was sought from the petitioner, who in his reply submitted that he was doing his duty sincerely and as a result of his diligence, the said irregularity was detected. No decision was taken on the said memo. However, at the time of his retirement, the petitioner vide letter dated 23.12.2005 authorised the respondent bank to keep an equivalent amount out of his terminal benefits under lien. Undisputedly, the respondent bank did not deduct the aforesaid amount out of the terminal dues of the petitioner. All the retiral benefits have been paid to him. However, in order to fulfill his commitment, the petitioner himself gave instructions to the respondent bank to cancel his FDR No. 33/141 dated 29.11.2005 amounting to Rs. 5,05,000/- pre- maturely and make four FDRs (three amounting to Rs. 40,000/- each and one for Rs. 53,500/-) and the same be kept under lien of the respondent bank and the rest of the amount was got transferred by him to his Saving Bank Account. Thus, admittedly, at present the aforesaid four FDRs amounting to Rs. 1,73,500/- are lying with the respondent bank under its lien. In the written statement, it has been admitted that out of the amount of Rs. 1,57,421/- apportioned to the petitioner, an amount of Rs. 90,994/- has been recovered from the pensioners to whom the excess pension amount was paid and the remaining amount of Rs. 66,427/- is yet to be recovered. It CWP No. 18194 of 2007 -3- is also undisputed fact that till date, the respondent bank has not finally decided the issue of negligence of any officer. It is stated in the written statement that FDR No. 33/141 dated 29.11.2005 amounting to Rs.5,05,000/- was cancelled on the instructions given by the petitioner, but no such written instruction has been placed on record. In view of these facts, I am of the opinion that retention of the aforesaid four FDRs (three amounting to Rs. 40,000/- each and one for Rs. 53,500/-) under lien of the respondent bank is not justified. As per the written statement, only an amount of Rs. 66,327/- remains to be recovered. Therefore, at the most, the respondent bank can retain only one FDR of Rs. 53,500/- under lien. Since the petitioner himself has made commitment that the respondent bank can retain the aforesaid four FDRs under its lien, therefore, the respondent bank is directed to immediately release the amount of three FDRs amounting to Rs.40,000/- each with interest to the petitioner. It is further directed that as and when the respondent bank recovers the remaining amount of Rs. 66,327/-from the concerned pensioners, it shall forthwith release the payment of the fourth FDR amounting to Rs. 53,500/- with interest to the petitioner. In view of the above, the instant writ petition is allowed. March 27, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE