Rajeev Nayan v. The Punjab National Bank Through Its Chief Vigilance Officer / C. P. I. O.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1531 of 2018 In Civil Writ Jurisdiction Case No.1429 of 2014 ====================================================== 1.
Rajeev Nayan Son of Late Sachidanand Resident of Village- Khapura, Post Office and Police Station- Pakribaravan, District- Nawada. 2.
Rishi Nayan Son of Late Sachidanand Resident of Village- Khapura, Post Office and Police Station- Pakribaravan, District- Nawada. 3.
Pranay Nayan Son of Late Sachidanand Resident of Village- Khapura, Post Office and Police Station- Pakribaravan, District- Nawada. 4.
Nutan Devi Daughter of Late Sachidanand Resident of Village- Khapura, Post Office and Police Station- Pakribaravan, District- Nawada. 5.
Ritu Devi Daughter of Late Sachidanand Resident of Village- Khapura, Post Office and Police Station- Pakribaravan, District- Nawada. ... ... Appellant/s
Versus
1.
The Punjab National Bank Through Its Chief Vigilance Officer / C. P. I. O. PNB, Head Office, 4 Bhiaji Cama Place, New Delhi- 110066. 2.
The General Manager, Punjab National Bank, 5 Parliament Street, Head Office, Delhi.
3.
The Chief Manager, Personnel Division, Head Office, New Delhi. 4.
The Zonal Manager, Punjab National Bank, Bihar Zone, Patna having its office Near R. Block, Patna.
5.
The Divisional Manager, Punjab National Bank, Divisional Office, Bihar Staff at Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Arun Kumar For the Respondent/s :
Mr.Kumar Priya Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 21-04-2022 The learned counsel for the appellants has addressed at length. He has not pressed any other plea except that the contributory provident fund
Patna High Court L.P.A No.1531 of 2018(7) dt.21-04-2022 2/3 ought to have been released in full to the legal heirs of the employee.
The learned counsel for the Bank has, on the other hand, relied upon the provisions under Rules 13 and 15(D) of the Punjab National Bank Employee's Provident Fund Trust Rules to contend that first lien on the contribution made by the Bank is of the Bank and it is entitled to retain the same in case of loss caused to the Bank by the concerned employee. We have put a query to him whether any speaking order was passed in terms of Rules 13 and 15 (D) of the Punjab National Bank Employee's Provident Fund Trust Rules. The answer is in the negative.
Under the circumstances, we feel that the Bank has been remiss in not releasing the provident fund amount in its enterity to the legal heirs of the appellants.
Faced with this situation, the learned counsel for the Bank very fairly submits that the contribution made by the Bank in the provident fund account shall be released to the appellants at
Patna High Court L.P.A No.1531 of 2018(7) dt.21-04-2022 3/3 the earliest in any case not later than six weeks. In view of the above, no further adjudication of the matter is necessary.
The appeal is hereby disposed of.
(Rajan Gupta, J) ( Mohit Kumar Shah, J) Ajay/- U