IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5677 of 2006 MUKTI PRAKASH, S/O- LATE SRI HULAL RAM, BRANCH MANAGER, STATE BANK OF INDIA, GALGALIA BRANCH P.O. & P.S.- GALGALIA, DIST.- KISHANGANJ, BIHAR :---PETITIONER. Versus 1. UNION OF INDIA THROUGH THE SECRETARY, LABOUR DEPARTMENT, GOVERNMENT OF INDIA, NEW DELHI. 2. THE RECOVERY OFFICER-CUM-ASST. PROVIDENT FUND COMMISSIONER, BHAGALPUR, EMPLOYEE PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE, ADAMPUR CHOWK, P.O. & P.S.- BHAGALPUR, BIHAR :---- RESPONDENTS. ----------- FOR THE PETITIONER : M/S ADITYA SHARAN & PRABHAT KUMAR SHARAN, ADVOCATES. FOR THE RESPONDENTS : MR. JAI PRAKASH VERMA, ADVOCATE. ====== 2. 23.03.2011. Heard learned counsel for the petitioner and the counsel for the Employees Provident Fund Organization. 2. Petitioner at the relevant time was serving as Branch Manager of the State Bank of India, Galgalia Branch in the district of Kishanganj, Bihar. He is aggrieved by the instruction of the Recovery Officer, Sub Regional Office, Bhagalpur dated 23.03.2006 and the notice of demand dated 29.03.2006 contained in Annexures-1 and 2 to this application, whereunder a sum of Rs. 72765/- was directed to be attached from Savings Bank Account No. 01170080029 of Mr. Nurshing Singh of Nurshing Tea Estate, Basmuni, Galgalia, Kishanganj. It is submitted on behalf of the petitioner that aforesaid instruction, Annexures- 2 1 and 2 was received in the branch on 28th March and 10th April, 2006 respectively by which date Nurshing Singh had already withdrawn substantial amount from his aforesaid account and the required amount could not be attached in compliance of the instructions contained in letter dated 23.3.2006 and notice of demand dated 29.3.2006. From perusal of the instruction dated 23.3.2006 and notice of demand dated 29.3.2006, Annexures- 1 and 2 it is evident that the aforesaid documents, Annexures- 1 and 2 was received in the Galgalia Branch of the State Bank of India on 28th March, 2006 and 10th April, 2006. Having received the communication dated 23.3.2006, in my opinion, the Branch Manager was required to have attached the amount available in Account No. 01170080029 of Mr. Nurshing Singh. 3. Accordingly, I direct the present Branch Manager to remit the amount available in the aforesaid account of Nurshing Singh on 28th March, 2006 to the Recovery Officer so as to enable the Recovery Officer to satisfy the notice of demand raised against aforesaid 3 Nurshing Singh. It is made clear that if any amount has been withdrawn by Nurshing Singh from the aforesaid bank account after 28th March, 2006 ignoring the aforesaid notice dated 23.3.2006, such amount should also be made good by the bank to the Recovery Officer. Compliance of this order be made by the Branch Manager as early as possible, in any case within a period of two months from today. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)