SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(JHK) 8297

HIGH COURT OF JHARKHAND
Sri Sanjaya Kumar Mishra, CJ, Sri Ananda Sen, J
Anil Kumar – Appellant
Versus
The Chief Manager, Bank of India, Church Road Branch, Ranchi – Respondent
W.P.(C) No. 4450 of 2018



Advocates:
For the Appellants/Petitioners:Mr. Rahul Kumar Gupta, Advocate, Mr. Achinto Sen, Advocate
For the Respondents:Mr. Abdul Allam, Sr. Advocate, Mr. A.K. Sahay, Advocate, Ms. Asfia Sultana, Advocate

Financial reversals linked to unauthorized transactions must prioritize public interest, underscoring the jurisdictional boundaries of writ petitions in banking disputes.

Headnote:(A) Banking Regulation Act, 1949 - Financial transactions - Writ Petition - Appellant challenged dismissal of his petition which sought to stop reversal of funds transferred into his account. Bank reversed transactions linked to public funds, underlining liability to rectify unauthorized transfers to protect public money. (Paras 1, 5, 6)

(B) Jurisdiction - Writ petitions against banking authorities - The Court clarified that without the concerned parties in the petition, the application was not maintainable, shaping limits of judicial intervention in financial transactions related to public interest. (Paras 6)

Facts of the case:
Appellant claimed wrongful reversal of Rs. 25,00,000/- by Bank of India, alleging improper account handling as part of a scheme involving public funds. Evidence suggested the funds were mistakenly attributed to private entities, raising issues of accountability.

Findings of Court:
The matter involved the wrongful transfer of substantial public funds to a private party, necessitating reversal based on legality and public interest considerations.

Issues: The primary issue was whether the writ petition was maintainable against the reversal of funds, considering neither the appraisal of financial discretion nor inclusion of necessary parties.

Ratio Decidendi: The court upheld that public interest supersedes individual claims in financial governance, reiterating the importance of procedural correctness safeguarding taxpayer money.

Result: Appeal dismissed.

Table of Content
1. unauthorized transfers of public money invoke banking responsibilities. (Para 2 , 3 , 4)
2. writ petitions must include necessary parties and substantiate jurisdiction. (Para 6)
JUDGMENT

1. By filing this intra-court Appeal, the appellant-writ petitioner has challenged the order dated 22.12.2021 passed by the learned Single Judge in W.P.(C) No. 4450 of 2018, whereby the writ petition filed by the writ petitioner-appellant before the learned Single Judge was dismissed. The appellant-writ petitioner filed the writ petition for issuance of direction to the respondents to pay a sum of Rs.25,00,000/- to the petitioner as the same was allegedly, in an illegal order, reversed from the petitioner’s bank account. A further prayer has been made for issuance of direction upon respondent no. 1 to lift the lien marked on the amount of Rs. 2,00,000/- transferred in the bank account of the petitioner.

2. The petitioner claims that M/s Bhanu Construction and its sister concern M/s UTS Infratel Pvt. Ltd. is a regular customer of the petitioner’s firm namely, M/s ANICOMP and they have been in business for supply of computers, accessories and other allied items for which the said M/s Bhanu Construction and its sister concern used to transfer the money to the petitioner’s bank account being operated in Bank of India, Church Road Branch, Ranchi. In the month of August 2017, M/s Bhanu Construction and its sister concern received the goods worth Rs. 25,32,670/- and M/s Bhanu Construction transferred a sum of Rs.25,00,000/- in the petitioner’s account on 16.08.2017 towards payment of the same. However, on 20.09.2017, the petitioner received a call from one Mr. Sameer Khalkho, Senior Manager, Bank of India, Church Road Branch, Ranchi alleging that a sum of Rs. 25,00,000/- was transferred to the petitioner’s account in an unauthorized manner.

At that time, the petitioner was in Kolkata hence, he requested the said officer of Bank of India to wait till he gets back to Ranchi. Despite of such request, the money was reversed from the account of the petitioner.

The petitioner filed online complaint and also prayed before the Bank Ombudsman, but he was not given the proper relief hence, he filed a writ petition in this Court which came before the learned Single Judge for disposal.

The counter affidavit filed by the respondent reveals that State Bank of India filed O.A. No. 608 of 2017 before the Debts Recovery Tribunal, Ranchi which was disposed of in terms of order dated 22.03.2018.

3. The matter relating to transfer of Rs. 100.01 crores of public money in the bank account of M/s Bhanu Construction. The matter is still being investigated by the Central Bureau of Investigation (hereinafter referred to as “CBI” for brevity). It further transpires that a huge sum of money amounting to Rs. 100.01 crores of the Government of Jharkhand was wrongly transferred in the account of M/s Bhanu Construction by the SBI, Hatia Branch, Ranchi instead of crediting the same in the account of Jharkhand State Mid Day Meal Authority. M/s Bhanu Construction immediately transferred part of the said amount to its creditors. As soon as the Bank of India came to know that a sum of Rs. 25,00,000/- had been transferred by M/s Bhanu Construction to the bank accounts of ANICOMP, respondent no. 1 tried to verify the said fact from the petitioner, but he was not available at Ranchi. It thereafter came to light that said amount was part of the public fund and the Bank of India being a public sector bank had no option but to revert the said amount in accordance with law on request of the SBI, Hatia Branch, Ranchi for subsequent transfer of the same to the actual bank account.

4. Learned Single Judge having heard the learned counsel appearing for the parties and perusing the records, finds that it is not a case of mere reversal of entries, rather M/s Bhanu Construction, prima facie, appears to have knowingly transferred the amount of public money (custodian of which was the Governm

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top