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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K. PANIGRAHI
Bharat Chandra Mallick – Appellant
Versus
Branch Manager, State Bank of India – Respondent
| Table of Content |
|---|
| 1. petitioner's financial background and loan obligations. (Para 2) |
| 2. allegation of illegal deduction affecting livelihood. (Para 3) |
| 3. bank's position on loan recovery process. (Para 4) |
| 4. court's observations on unlawful deduction and jurisdiction. (Para 5 , 7 , 8 , 11 , 13 , 15 , 16) |
| 5. legal protection of pension funds from attachment. (Para 6 , 10 , 12 , 14) |
| 6. judicial intervention against arbitrary actions. (Para 17) |
| 7. reversal of illegal deduction and future protections. (Para 19 , 20) |
| 8. conclusion: writ petition allowed. (Para 21 , 22) |
JUDGMENT :
SANJEEB K. PANIGRAHI, J.
1. In this Writ Petition, the Petitioner seeks a direction from this Court to declare the Bank’s unilateral debit of Rs. 5,00,000/- from his pension account as illegal and arbitrary and to direct refund of the said amount with consequential reliefs and protection of his pensionary dues.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) The petitioner, Bharat Chandra Mallick, is a retired employee of the Rail Coach Factory, Mancheswar, and presently a pension holder maintaining Account No. 10368202110 with the State Bank of India (SBI). His monthly pension is approximate
The unilateral deduction of pension funds by a bank for loan recovery is unconstitutional and violates the right to livelihood, requiring legal due process.
Pension funds are statutorily protected from attachment for debt recovery, and unauthorized deductions violate the right to livelihood under Article 21.
Unauthorized deductions from a pensioner's account without valid consent amount to a violation of principles of natural justice under Articles 14, 16, and 21 of the Constitution.
Point of Law act of officers of the Bank who have allegedly harassed the petitioner over payment of pension and have displayed apathy towards her grievances and would make it clear that any such iter....
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