IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11800 of 2009 MD.SHAMSER ALAM SON OF LATE SIDDIQUE, RESIDENT OF VILLAGE MAULANA AZAD NAGAR, PANCH MANDIR ROAD, JAMUI, P.S. AND DISTRICT JAMUI ….PETITIONER Versus THE STATE OF BIHAR & ORS ….. RESPONDENTS ----------- 2 11.9.2009 A very peculiar fact has been brought to the notice of this court. The petitioner took cash credit loan to the tune of Rs.9 lacs for his Diamond Shoe Store vide his Account No.329. The petitioner states that he deposited a sum of Rs.4,35,203/- on 31.3.2005 clearing all his loan account. The pass book of the Bank would also show that the account was closed on the aforesaid date. He submits that strangely enough on 15.4.2005 his account shows withdrawal of a sum of Rs.50,000/-. The petitioner states that as the account stood closed, there was no question of either depositing or withdrawing any further amount. The aforesaid entry has been fabricated by the Bank officials. The petitioner has tried to sort out the matter but to no avail. He also sent a legal notice on 22.7.2008 contained in Annexure-1. The Bank in its reply dated 25.7.2008, contained in Annexure-2, has admitted in paragraph 10 that after 31.3.2005 restriction has been imposed on withdrawal as account stood closed. Thus, on these basis, counsel for the petitioner submits that the alleged withdrawal of a sum of Rs.50,000/- would be misdemeanor of Bank staffs and officials. The petitioner has also raised grievance that his fixed deposits of Rs. 2 lacs has also been withdrawn without his 2 KHAN consent. Considering the facts and circumstances of the case, this court observes that the entire matter needs thorough enquiry by the Managing Director, Munger Jamui Central Cooperative Bank, Head Office, Munger, respondent no.2. Accordingly, the petitioner is directed to file a representation raising all his grievances, along with a copy of this order, before the respondent no.2 within three weeks from today. The petitioner may also file a representation before respondent no.2, who would afford him a personal hearing. Till the enquiry is completed, no coercive steps would be taken against the petitioner. With the aforesaid directions, this writ petition stands disposed of. (S.P.Singh,J)