IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7092 of 2003 CHANDRAMA DEVI, widow of late Sachchitanand Pandey, resident of village Paterhi, P.S. Mahrajganj, District- Siwan…. Petitioner. Versus 1. CHAIRMAN,SIWAN KSHETRIYA GRAMIN Bank, Raj Banshi Nagar, Siwan, 841226,P.S. Siwan town and District- Siwan. 2. Chief General Manager, Siwan Kshetriya Gramin Bank, Siwan,841226, P.S. Siwan town and District- Siwan. 3. Branch Manager, Siwan Kshetriya Gramin Bank, Paterhi, P.O. Paterhi, P.S. Maharajganj, District- Siwan. 4. Hridya Nand Pandey, son of late Ram Pravesh Pandey, resident of village- Paterhi,P.O. Paterhi,P.S. Maharanganj, District-Siwan…. Responmdents ----------- For the petitioner: Mr. Jitendra Kumar Pandey, Advocate For respondent Nos. 1 to 3: Mr. Prashant Vedasen,Advocate. --------- 6. 29.4.2010 Heard learned counsel for the petitioner and learned counsel for respondent Nos. 1 to 3, Siwan Kshetriya Gramin Bank ( now known as Uttar Bihar Gramin Bank). No one appears on behalf of respondent No.4, although vakalatnama has been filed on his behalf. The petitioner seeks a direction upon the respondent authorities to delete the name of respondent No.4, Hridya Nand Pandey, from saving Account No.4648, which was opened in the joint names of the petitioner and Hridya Nand pandey and transfer the rest amount in Account No.4688, which was opened in petitioner’s name for the reasons that the only amount deposited therein after the opening of the Bank Account, i.e., Rs.1,98,451/- was paid to the petitioner by the Bihar State Road - 2 - Transport Corporation as retirement benefit due to her late husband on the basis of the direction issued by this Court in a writ petition. The short facts relevant for consideration of the present matter is that the husband of the petitioner was an ex-employee of the Bihar State Road Transport Corporation. He died on 13.3.1996. The petitioner, on not receiving death-cum- retiral dues, filed a writ petition being C.W.J.C. No.6599 of 1998 which was disposed of on 18.3.1999 with a direction to the Chief Accounts Officer to pay the admitted dues of the petitioner after disposing of the representation by a speaking order. Pursuant to the said direction the Bihar State Road Transport Corporation released the provident fund amount of Rs. 1,98,451/- through cheque bearing No.435075 dated 16.12.2000 of the State Bank of India, Bikaner and Jaipur issued in the name of the petitioner which was received by her. It is stated by learned counsel for the petitioner that respondent No.4, who is the younger brother of her late husband, took the petitioner to Siwan Kshetyriya Gramin Bank, Paterhi for opening of Saving Account only in her name but with connivance of staff of the Bank the - 3 - Saving Account was opened in the joint names of the petitioner and respondent No.4 bearing Account No.4648. The petitioner learnt about the said fact subsequently and approached the authorities of the Bank for deleting the name of respondent No.4 but they are not acceding to her request. The stand taken by the Branch Manager of the Bank in his letter dated 5.4.2002 is that the joint signatures of respondent and petitioner No.4 are required for deleting the name of respondent No.4 from the said account. The petitioner approached respondent No.4 but he has refused to do so with the foul intention of grabbing the said amount. In the said circumstances, the petitioner approached this Court. Learned counsel for the respondent-Bank submits that it is the petitioner who had earlier opened the joint account along with that of respondent No.4 and thus the officers of the Bank cannot be blamed for the same. It is, however, admitted by learned counsel for the Bank that the only deposit ever made into the said Bank Account is that of the said cheque dated 16.12.2000 amounting to Rs. 1,98,451/- in the name of the petitioner. It is further pointed out by learned - 4 - counsel that the joint account is being operated with the joint signatures of the petitioner and respondent No.4 and three withdrawals have been made therein under such joint signatures ,i.e., Rs.4,000/- on 30.4.2001, Rs. 1,000/- on 4.5.2001 and Rs. 50,000/- on 12.10.2001. It is further pointed out that the petitioner has opened a separate individual account on 22.6.2001 bearing Saving Account No.4688 and out of the amount of Rs.50,000/- withdrawn on 12.10.2001 from the joint account she had deposited an amount of Rs.45,000/- in the said individual Account. It is urged by learned counsel that under the Rules of the Bank, it is not permissible for the authorities of the Bank to delete the name of any person from a joint Account, unless he also permits the Bank to do so by filing a proper application, but respondent No.4 is not coming forward with any such application and in such circumstances, the Bank is helpless in the matter. On a consideration of the aforesaid facts and circumstances and undisputed facts, this Court is of the view that the petitioner alone was entitled to the cheque dated 16.12.2000 for the amount of Rs. 1,98,451/- and admittedly the said - 5 - cheque was also issued only in her name. It appears that for whatever reason she, being a helpless widow, was either persuaded or duped by respondent No.4 to get the said amount deposited in the joint Account with him, although he did not have any legitimate claim over the said amount. In the above circumstances, this Court directs the authorities of the Bank to transfer the balance amount remaining out of the said deposited amount of Rs.1,98,451/- after deducting the withdrawal made but including the interest accrued thereon from the joint Account No.4648 of the petitioner and respondent No.4 to the individual Saving Account No.4688 of the petitioner. It is made clear that only the initial deposit of Rs.100/- at the time of opening the joint Account and the interest accrued thereon would continue to lie in the said joint account. The writ application is, accordingly, disposed of with the aforesaid directions. VPS ( Ramesh Kumar Datta, J. )