- (1.) PETITIONER , in this writ application, has prayed for quashing the impugned order dated - 12.12.2006 (Annexure -3), passed by the Respondent No. 2 and for a direction upon Respondent No. 2 to release the money deposited under the three Monthly Income Schemes in the joint account of the petitioner and her son vide Account Nos. 90023030, 900233037 and 90023038. The contention of the petitioner is that she being a income tax payee, has been submitting her income tax returns annually and the amounts deposited under the aforesaid three Monthly Income Schemes has no connection whatsoever with any income derived by her husband and that the action of the respondents in passing the impugned order of stoppage for transaction of joint Monthly Income Scheme Account of the petitioner and her son, is violative of the principles of equity and natural justice.
(2.) THE grievance of the petitioner is that on the plea that her husband is involved in a criminal case relating to the misappropriation of the Bank's money and the total loss accrued by the alleged illegal acts on the part of the husband of the petitioner, is being sought to be recovered and in the process of such recovery, the money which belongs to the petitioner and her son, has also been withheld and the Respondents have refused to release the same to the petitioner. Learned counsel for the Respondent -Bank on the other hand, would submit that the petitioner has not submitted any such document in proof of her claim that the amount deposited in the aforementioned three Monthly Income Schemes belongs exclusively to her and her son. Learned counsel, however, concedes that the amounts under the aforementioned three Monthly Income Schemes, have not been seized or frozen by any order of the criminal court before whom, petitioner's husband is being prosecuted upon criminal charges. Considering the submissions made by the learned counsel for the petitioner, the impugned order dated -12.12.2006 (Annexure - 3) passed by the Respondent No. 2 is hereby set aside.
(3.) THE Respondent No. 2 is directed to reconsider the petitioner's demand for release of the amounts deposited under the three Monthly Income Schemes mentioned above, in the light of the statements made by the petitioner regarding the amount being her personal income and also in the light of the income tax returns submitted by her, and take appropriate decision by passing a reasoned and speaking order within one month from the date of receipt of the representation. With these observations, this writ application stands disposed of. Let a copy of this order be given to the learned counsel for the Respondent -Bank.;