WP/8234/2006 of R.Sudarshan, Vs The Hyderabad District Co.operative Central Bank Ltd., on 29 December 2006

ORAL ORDER:

W.P.No.8234 of 2006

This writ petition is filed seeking a Mandamus declaring theaction of the first respondent in not releasing the F.D.R.No.8184 dated5.2.2002 as per the order of the second respondent vide proceedingsRc.No.288/2005L.S/360 dated 8.6.2005 as arbitrary, illegal and violativeof principles of natural justice and consequently direct the respondentsto release the FDR in favour of petitioner.

It appears, petitioner was an employee of the first respondentBank. He joined the service on 27.10.1976 and worked at Kukatpallybranch and also at Sanathnagar branch from 1998 to 26.9.2002 asSenior Assistant. Subsequently, he was placed under suspension on7.10.2002 and later he was dismissed from service w.e.f. 26.6.2004. Apart from that, in view of the enquiry conducted under Section 51 ofthe A.P. Cooperative Societies Act, 1964, surcharge proceedings wereinitiated against the petitioner. While that being so, the moneydeposited by the petitioner under F.D.R.No.8184 dated 5.2.2002 for 91days was attached by the respondents. However, on raising objections,the attachment order was raised, but the amount lying under the F.D.R.was not released in spite of several requests made by the petitioner. Hence the writ petition.

Now a detailed counter affidavit has been filed by therespondents stating that in view of pendency of surcharge proceedingsagainst the petitioner, the F.D.R. was not released. This seems to be anunreasonable argument of the respondents. It is a fact that the F.D.R.was attached earlier in view of surcharge proceedings and the saidattachment was raised. Once the attachment is raised in respect ofF.D.R and the attachment against immovable property was being continued, there is no legal hurdle in the way of the respondents inreleasing the F.D.R. No.8184 dated 5.2.2002 in favour of the petitioner. Therefore, the writ petition is disposed of directing therespondents to release the F.D.R. No.8184 dated 5.2.2002 in favour ofpetitioner forthwith. No order as to costs.

Date: 29.12.2006

_____________C.V.RAMULU, J

DA

29.12.2006

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

Date: 29[th] December, 2006

Between:

R.Sudarshan

And

.. Petitioner

The Hyderabad District CooperativeCentral bank Ltd., Nampally Station Road,Hyderabad, rep. by its General Manager & another.

.. Respondents