P.Daniel Charlemagne v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2023
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.14069 of 2023 and WMP.Nos.13706 and 13707 of 2023 P.Daniel Charlemagne ... petitioner -Vs1. The General Manager Canara Bank, Personnel Department - Pension Section, Canara bank Head Office, Bangalore.
2. The Branch Manager Canara Bank, First Floor, Sree lakshmi Complex, Cross Cut Road, Gandhipuram- II Coimbatore- 641 012.
3. The Regional Manager Regional office, No.166 T.V.Samy Road (W) RS Puram, Coimbatore- 641 002.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus Calling for the records relating to the impugned order dated 12.04.2023 vide Ref.CB CRMR RO CBR WP REP 2023 PS passed by the 3rd Respondent and quash the same as illegal and consequently direct 2nd respondent authority not to deduct the pension amount towards credit card dues without conducting proper enquiry.
For petitioner : Mr. A.Rajakumar For Respondent : Ms.T.Hemalatha
O R D E R
The writ petition has been filed seeking to quash the impugned order dated 12.04.2023, vide Ref.CB CRMR RO CBR WP REP 2023 PS passed by the 3rd Respondent and consequently, direct 2nd respondent authority not to deduct the pension amount towards credit card dues without conducting proper enquiry.
2. It is the case of the petitioner that he was worke as manager at MMGS-2 retired from syndicate bank under VRS and he was permitted to continue to use the credit card issued by the bank bearing No.4090 3100 0048 even after retirement and the petitioner have surrendered the same after due clearance of all the pending payments with regard to the credit card for which now the bank officials are deducting the amount unauthorizedly without any proper notice or intimation. Further, the petitioner is maintaining the savings bank account in which the petitioner is receiving the monthly pension. Further, a sum of Rs.24,473/- was credited to the petitioner's account and subsequently, without any intimation, a sum of Rs.10,000/- has been debited to one account number and the said number is not at all related to the petitioner, for which, the petitioner submitted a representation dated 31.05.2022 to the respondents. Inspite of the
above representation, the respondent authorities deducted the petitioner's entire pension amount on 30.06.2022 to the tune of Rs.38,739/- as a whole respondent deducted a sum of Rs.77,478/- without conducting property enquiry. Therefore, the petitioner has filed a writ petition before this Court in W.P.no.17691 of 2022 and the said case was disposed of finally on 06.02.2023 with a direction to the bank to conduct proper enquiry in this matter. Pursuant to which, the third respondent passed the impugned order on 12.04.2023 and rejected the petitioner's representation. Challenging the same, the present writ petition has been filed.
3. The learned counsel for the petitioner submitted that this Court may direct the respondents to furnish the details regarding pending dues. If such particulars is furnished, the petitioner is ready to settle the entire pending dues within the stipulated time as fixed by this Court.
4. Heard the learned counsel on either side and perused the materials available on record.
5. In such view of the matter, this Court directs the third respondent to furnish the details regarding pending dues to the petitioner within a period of two
weeks from the date of receipt of a copy of this order so as to enable the petitioner to settle the entire dues.
6. With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 20.06.2023 rli To
1. The General Manager Canara Bank, Personnel Department - Pension Section, Canara bank Head Office, Bangalore.
2. The Branch Manager Canara Bank, First Floor, Sree lakshmi Complex, Cross Cut Road, Gandhipuram- II Coimbatore- 641 012.
3. The Regional Manager Regional office, No.166 T.V.Samy Road (W) RS Puram, Coimbatore- 641 002.
M.DHANDAPANI, J.
rli
W.P.No.14069 of 2023 20.06.2023