Debangsu Basak, J. - (1.) A show-cause notice, purported to be issued under the provisions of the Master Circular on Wilful Defaulter dated July 1, 2015 is under challenge in the present writ petition.
(2.) Learned advocate for the petitioner submits that, assuming that, the impugned notice is considered to be a notice under the Master Circular, then also, the impugned notice stands vitiated as the person purporting to exercise such powers, is without jurisdiction. He refers to the Master Circular and particularly to paragraph 3 thereof and submits that, the Wilful Defaulter's Committee consisting of the designated person has to meet and form an opinion that an event of wilful default, within the meaning of such Master Circular, has occurred for it to issue a show-cause notice. In the present case, a Regional Manager of the Bank has issued a notice claiming that, the petitioner would be classified as a wilful defaulter, if adequate cause is not shown. According to him, the impugned writing being wholly without jurisdiction should be quashed.
(3.) Learned advocate for the Bank submits that, the Bank has formulated a policy of Non-Cooperative Borrowers and Wilful Defaulters 2018-19. In terms of such policy, the Wilful Defaulters Committee constituted in terms of the Master Circular meets to identify the wilful defaulters. Upon such identification being made, the branch is informed of the same. The Regional Manager-in-Charge of such branch, then proceeds to issue the notice calling upon such wilful defaulter to show-cause. According to him, it is not necessary that the Wilful Defaulter's Committee itself issues the show-cause notice. Therefore, the Court should not intervene.;