R.Saradha v. The Reserve Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Saradha .. Petitioner Vs.

1.The Reserve Bank of India, Represented by its Regional Director for Tamil Nadu, BANK FRAUD MONITERING CELL Fort Glacis, Rajaji Salai, Chennai - 600 001.

2.The Officer In-Charge, Consumer Education and Protection Cell, Reserve Bank of India, Fort Glacis, Rajaji Salai, Chennai - 600 001.

3.RESERVE BANK OF INDIA OMBUDSMAN, C/o Reserve Bank of India, Fort Glacis, Chennai - 600 001.

4.Indian Overseas Bank Regional Office - II, Represented by its Regional Manager, Central Office Complex, Annexe Building, III Floor, 763, Anna Salai, Chennai - 600 002.

5.The Bank Manager, Indian Overseas Bank, Meenambakkam Branch, Pazhavanthangal,Chennai - 600 114.

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6.Karthikeyan Ramaiya, Deputy General Manager - RBI, "PASUMAI", 4th Floor, RBI OFFICERS QUARTERS, 15th Main Road, Anna Nagar West, Chennai - 600 040.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to initiated a departmental enquiry against the 6th respondent and the 5th respondent for abetting consequentially recover the sum of Rs.2,90,000/- fraudulently misappropriated from the petitioner's Savings Bank Account operated with the 5th respondent and return it to the petitioner with interest and damages and have the 6th respondent punished in accordance with law.

For petitioner :

Mr.R.Udaya Kumar For RR 1 to 3 :

Mr.C.Mohan and A.Rexy Josephine Mary for M/s.King & Partridge

O R D E R

The entire dispute is between the mother and the son. The mother has contended that her son who was working in the Reserve Bank of India had virtually forced the mother to sign in some challan and he has withdrawn the entire amount which belongs to the husband of the petitioner. Therefore, the petitioner has given some complaint to the 2/6

officials. Since, the same was not acted upon, the present writ petition was filed before this Court.

2.This Court on hearing the learned counsel for the petitioner and on going through the averments made in the affidavit and the documents that have been filed in the typed set of papers, found that the personal dispute between the mother and the son cannot be strictly handled in the service jurisprudence. The learned counsel for the petitioner submitted that immediately after the incident, complaint was given to the police and she followed up and the same was not acted upon. The learned counsel further submitted that he wanted to move this writ petition only as a Writ Petition (Criminal). However, it has been listed before the service portfolio.

3.In the considered view of this Court, this Writ Petition in its present form may not be maintainable. Therefore, the learned counsel for the petitioner is permitted to withdraw this writ petition and liberty is granted to file a fresh writ petition by making all the necessary averments in the affidavit and by filing all the relevant documents to substantiate the case of the petitioner by seeking for the appropriate relief. 3/6

4.In the result, this Writ Petition is dismissed as withdrawn. No costs.

05.09.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Reserve Bank of India, Represented by its Regional Director for Tamil Nadu, BANK FRAUD MONITERING CELL Fort Glacis, Rajaji Salai, Chennai - 600 001.

2.The Officer In-Charge, Consumer Education and Protection Cell, Reserve Bank of India, Fort Glacis, Rajaji Salai, Chennai - 600 001.

3.RESERVE BANK OF INDIA OMBUDSMAN, C/o Reserve Bank of India, Fort Glacis, Chennai - 600 001.

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4.Indian Overseas Bank Regional Office - II, Represented by its Regional Manager, Central Office Complex, Annexe Building, III Floor, 763, Anna Salai, Chennai - 600 002.

5.The Bank Manager, Indian Overseas Bank, Meenambakkam Branch, Pazhavanthangal,Chennai - 600 114.

6.The Deputy General Manager - RBI, "PASUMAI", 4th Floor, RBI OFFICERS QUARTERS, 15th Main Road, Anna Nagar West, Chennai - 600 040.

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N.ANAND VENKATESH, J.

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