Madras High CourtWP/32868/2014disposed of

R.Murugian B.E. v. The Superintendent Of Police

2019-01-29Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.32868 of 2014 R.Murugian ... Petitioner Vs.

1.The Superintendent of Police, 2.The Inspector of Police, (RC No.MAI/2014.A0036) 3.The Senior Manager, State Bank of India, Avambal Puram Branch, Myladuthurai, Nagapatinam District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the 1 and 2 respondents to withdraw the freezing of the pension amount account of the petitioner with the 3rd respondent bank.

For Petitioner : Mr.S.Muthu Krishnan For Respondents : Mr.K.Srinivasan for R1 and R2 Special Public Prosecutor for CBI cases

O R D E R

The petitioner has filed this petition seeking issuance of Writ of Mandamus directing the respondents 1 and 2 to withdraw the freezing of the pension amount account of the petitioner with the third respondent bank.

2.The case of the petitioner is that he was working as Divisional Engineer, Highways and Rural Works Department, Government of Tamil Nadu and retired from service on superannuation on 31.05.1989. Since then, he was drawing the pensionary benefits from the Government of Tamil Nadu vide pension payment order number FV XI 1/4/M 129973/89-90 and was drawing pensionary benefits without any interruption from 01.06.1989 onwards.

3.Whileso, suddenly the petitioner's pensionary benefits were denied by the third respondent and when he enquired about the same, they have informed the petitioner that they received advice and prohibitory order from the Central Bureau of Investigation, Anti Corruption Bureau, Sasthri Bhavan, Chennai 'not to pay' the pension to the petitioner and his family. Aggrieved by the said oral direction, the petitioner has filed this writ petition. 4.The learned Special Public Prosecutor for CBI cases filed counter in which it is stated that after verification of records obtained from State Bank of India, it is ascertained that no suspicious credits were made into the account. It is further stated that CBI respondent had no objection for operation of the said Savings Bank Account by the petitioner.

5.In view of the above, since the CBI has no objection for operation of the Savings Bank Account by the petitioner, the third respondent is directed to allow the petitioner to operate his Savings Bank Account. 6.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pri To 1.The Superintendent of Police,

2.The Inspector of Police, (RC No.MAI/2014.A0036) 3.The Senior Manager, State Bank of India, Avambal Puram Branch, Myladuthurai, Nagapatinam District.

W.P.No.32868 of 2014 A.SK(25/02/2019)