2025:JHHC:10964 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.403 of 2025 ----- Jitendra Jaiswal, S/o K.B.L. Jaiswal, resident of 200, Main Road, Kathara, Near Post Office, Bodia Uttari, P.S. Kathara, Bokaro. .......... Petitioner. -Versus- 1. The State Bank of India, through its Chairman-cum-Managing Director, State Bank Bhawan, 16th Floor, CC, Mumbai, P.O. Nariman Point, P.S. Marine Drive, Maharashtra-400021. 2. General Manager, State Bank of India, Local Head Office, P.O. G.P.O., P.S. Gandhi Maidan, Patna-800001. 3. The Branch Manager, State Bank of India, Tenughat Branch, Tenughat, Bokaro Steel City, District Bokaro. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Siddharth Ranjan, Advocate For the Respondents: Mr. Rajesh Kumar, Advocate ----- Order No.06 Date: 09.04.2025 1. The present writ petition has been filed for issuance of direction upon the respondents to forthwith permit the petitioner to resume operation of his savings bank account no.36493183574, Tenughat Branch, IFSC Code- SBIN0003230. 2. The main submission of learned counsel for the petitioner is that the respondent-Bank has no power to suspend the operation of the petitioner’s savings bank account without any order of the competent authority/court of law, the same has been made inoperative by the respondent-Bank since 15th June, 2024. Under the said compelling circumstance, the petitioner has filed the present writ petition. 3. Learned counsel appearing on behalf of the respondent-Bank refers to the relevant paragraphs of the counter affidavit dated 9th April, 2025 filed on behalf of the respondent no.3, which read as under:- 2025:JHHC:10964 2 “6. That one Manu Manjhi who is also having account with State Bank of India, Mahuda Branch, Dhanbad having Account No. 11896074050 which is his salary account, having cheque facility. One day while he was on the way to his office (CCL), he suffered with paralysis attack and at that time, he was also having a bag in the dickey of his motorcycle in which he was carrying certain bank cheques duly signed, bank passbook and other papers, but those were lost. 7. That after proper treatment, when he recovered from the stroke and his memory was recovered then he informed the same to his family members and accordingly respondent bank was informed about the same and has also filed a Criminal Miscellaneous case no. 288 of 2023 (informatory petition) in April 2023. 8. That it is alleged that out of those lost cheques one cheques were encashed and an amount of Rs. 4 lakhs were withdrawn on 02.09.2023 then he has submitted an application under RTI, sought information with regard to name and account number of the accountholder to whom the said amount of Rs. 4 lakhs were transferred, copy of the said cheque and other information which was duly replied by the Bank annexing a copy of said cheque informed his that the cheque amount of Rs. 4 lakhs were transferred in account of the Jitendra Jaiswal (Present Petitioner) as per the order of said Manu Manjhi but he was not satisfied with the same and has also preferred appeal before the General Manager, State Bank of India, Local Head Office, West Gandhi Maidan, Patna annexing all the relevant document including said informatory petition. 9. That the said Manu Manjhi also filed a consumer case No. 26 of 2024 before the District Consumer Dispute Redressal Commission, Bokaro against the different branches of State Bank of India in which the present petitioner is also one of the parties wherein it is alleged that the amount of Rs. 5,58,272.75 paise which came to his account from CCL towards his salary and other heads, but the petitioner with the help of Branch Manager defalcated the said amount and Rs. 4.0 Lakh was taken from his account and the said money was transferred to petitioner's account and he has requested the Bank to stop payment of the cheque and the learned commission has also issued notice to the different branches of the Bank i.e. Branch Manager, State Bank of India, Chandrapura Branch, and Branch Manager State Bank of India, Mahuda Branch as well as the present petitioner which is still pending for adjudication. 10. That due to the compliant of Manu Manjhi before the consumer forum, both the branch of SBI i.e. SBI Chandrapura Branch and SBI Mahuda Branch have proceeded and put a hold of Rs. 4.0 Lakh in the account of the present petitioner. The answering respondent i.e. respondent No. 3 has not put any hold in the account of the petitioner and all those things are well within the knowledge of the petitioner, even then, he has suppressed this material fact and filed the present writ application and thus on this ground alone the instant writ petition is fit to be dismissed.” 4. Having heard learned counsel for the parties and considering that Consumer Case No.26 of 2024 filed by Manu Manjhi before the District Consumer Dispute Redressal Commission, Bokaro is still 2025:JHHC:10964 3 pending consideration in which the respondent-Bank as well as the petitioner are the respondents, this Court does not find any infirmity in putting the withdrawal of Rs.4.00 Lakh from the concerned bank account of the petitioner on hold. However, if any further amount is available in the said bank account of the petitioner, this Court is of the view that there is no justification to restrain him from withdrawing the same. 5. The present writ petition is, accordingly, disposed of with following directions:- (i) The restriction in withdrawal of an amount of Rs.4.00 Lakh from petitioner’s savings bank account no.36493183574, Tenughat Branch, IFSC Code- SBIN0003230 shall continue till disposal of Consumer Case No.26 of 2024 filed by Manu Manjhi before the District Consumer Dispute Redressal Commission, Bokaro, which will depend upon outcome of the said case. (ii) If the said bank account of the petitioner contains any further amount i.e. an amount over and above Rs.4.00 Lakh, he shall be permitted by the respondent-Bank to withdraw the same. (iii) The petitioner, if so chooses, may get another account opened in the concerned branch of the respondent- Bank. (Rajesh Shankar, J.) Sanjay/