Jayanta Kumar Biswas, J. - (1.) The petitioner in this writ petition dated June 6, 2006 is seeking a mandamus quashing Annexures P6 and P8 and commanding the respondents, and particularly the sixth respondent, the Branch Manager, State Bank of India, Santiniketan Branch, Birbhum to permit him to withdraw the balance lying in the savings bank account of one Rabindra Nath Dutta.
(2.) Rabindra Nath Dutta was the Headmaster of Sultanpur Nibedita Sikhayatan, Birbhum. After retirement he was getting pension from the State, and he was withdrawing his pension through the Santiniketan Branch of the State Bank of India at which he opened a savings bank account. According to the arrangement his monthly pension released by the State was to be deposited by the State in the savings bank account. He made the petitioner, his younger brother, his nominee. On May 27,2000 he died, and thereupon the petitioner wanted to withdraw the balance lying in the account in the capacity of his nominee.
(3.) By the letters dated November 12, 2002, at p.26, and February 2, 2006, at p.29, Annexures P6-and P8 respectively, the bank informed him that since in compliance with direction given by the State the entire balance lying in the account was remitted to the State, there was no question of permitting him to withdraw any amount from the account of the deceased. Feeling aggrieved he took out the present writ petition.;