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Patna High Court

Md. JakirversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of, with the Court directing the respondents to release the pension amount and remove the bank account hold within two weeks.

Summary

The petitioner, Md. Jakir, challenged a letter dated 03.05.2024 issued by a State Bank of India official directing him to refund Rs.27,27,039 that was allegedly overpaid as old‑age pension and threatening to freeze his bank account. He sought a writ of certiorari to quash the letter, a mandamus to release his pension and unfreeze the account, and a declaration that excess amounts paid without fault cannot be recovered. The respondents argued that the issues had already been settled by the Coordinating Bench in Rameshwar Ram v. Union of India (CWJC No. 288 of 2023). The Court noted the earlier judgment and directed the authorities to release the amount due to the petitioner and remove the hold on his account within two weeks, failing which the petitioner may seek further interlocutory relief. Consequently, the writ petition was disposed of with the said directions.

Issues considered

  • Whether the letter directing refund and account hold can be quashed by a writ of certiorari
  • Whether a writ of mandamus can be issued to release the pension and unfreeze the bank account
  • Whether an excess pension amount paid without fault or misrepresentation can be recovered
  • Whether the prior judgment in Rameshwar Ram v. Union of India precludes further relief

Subjects

  • old age pension
  • excess payment
  • refund
  • bank account freeze
  • certiorari
  • mandamus
  • writ petition
  • High Court
  • precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5954 of 2025
                 ======================================================
                 Md. Jakir son of Late Sukar Mohammad, resident of village -Bikrampur, P.O.
                 and P.S. Bihpur, District-Bhagalpur.
                                                                            ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Road Construction Department, Government of
                 Bihar, Patna.
           3.    The Accountant General, Bihar, Patna.
           4.    The Chief General Manager, State Bank of India, Branch ACB, Jhandapur,
                 District -Bhagalpur.
           5.    The Assistant General Manager, State Bank of India, Branch ACB,
                 Jhandapur, District -Bhagalpur.
           6.     The Senior Treasury Officer, Bhagalpur, District - Bhagalpur
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. S.B.K Mangalam, Adv.
                                                   Mr.Awnish Kumar, Adv.
                 For the Respondent/s     :        Additional Advocate General (7)
                 For AG, Bihar            :        Mr. Raj Nandan Prasad,
                                                   Mr. Vishesh Kumar Singh, Advocates
                 For SBI                  :        Mr. Rakesh Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   09-04-2026                    Heard Mr. S.B.K Mangalam, learned counsel for the

                   petitioner, learned counsel for the State, learned counsel

                   representing the Accountant General, Bihar, Patna and learned

                   counsel appearing for the State Bank of India.

                                 2.     The writ petition has been preferred for the

                   following relief(s):-

                                                        “I) For issuance of an appropriate

                                              writ in the nature of CERTIORARI for

                                              quashing the letter dated 03.05.2024 issued
Patna High Court CWJC No.5954 of 2025(3) dt.09-04-2026
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                                  under the signature of the Respondent no.4

                                  and contained in his letter no. M/24-

                                  25/70653 dated 03.05.2024, whereby and

                                  where under he has directed the petitioner

                                  for refund of Rs.27,27,039/- to his pension

                                  account which was wrongly paid to him

                                  because         of   wrong    calculation        of    his

                                  entitlement for Old Age Pension, and on

                                  failure he has warned the petitioner that for

                                  adjustment of the said amount apart from

                                  monthly deduction, his account can also be

                                  put on hold.

                                               (II)      For        issuance      of     an

                                  appropriate          writ    in     the      nature     of

                                  MANDAMUS commanding and directing the

                                  Respondent           Authorities     for     release    of

                                  pension to the petitioner and also to allow

                                  him to operate his Bank Account having

                                  Account No.11725758641 by removing the

                                  hold from the same, on the ground that the

                                  excess payment which has been paid to the

                                  petitioner was released by the authorities
Patna High Court CWJC No.5954 of 2025(3) dt.09-04-2026
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                                  after calculation by themselves and if it is

                                  not a case of misrepresentation leading

                                  payment.

                                               III) For a declaration that when

                                  an excess amount is paid to a retired

                                  employee        without     any    fault/   fraud

                                  /misrepresentation on his part, the excess

                                  amount paid to him cannot be recovered and

                                  he cannot be stopped from withdrawing his

                                  pension by putting hold upon operation of

                                  his Bank Account.

                                               iv) For issuance of any other

                                  appropriate       writ/writs,   order   /   orders

                                  direction/ directions for which the writ

                                  petitioner would be entitled under the facts

                                  and circumstances of the case.

                      3.      Learned counsel representing the petitioner

          submits that the issues have already been put at rest by the Co-

          ordinate Bench in the case of Rameshwar Ram v. The Union

          Of India & Ors passed in CWJC No. 288 of 2023.

                      4. On the other hand, learned counsel for State Bank

          of India and as also learned counsel for the State submit that
             Patna High Court CWJC No.5954 of 2025(3) dt.09-04-2026
                                                         4/4




                       since the issues have already been given a quietus in light of the

                       order so passed in the case of Rameshwar Ram (supra), the

                       authorities may be directed to take final decision.

                                   5. In view of the aforesaid judgment, it is expected

                       that final decision shall be taken and the amount for which the

                       authorities are entitled to, will be withheld and the rest amount

                       shall be paid to the petitioner within a period of two weeks from

                       today and the petitioner would not be subjected to any further

                       hindrance in operating his bank account.

                                   6. In case, such decisions are not taken within two

                       weeks, then the petitioner will be at liberty to file an

                       Interlocutory Application for revival of the writ application.

                                   7. The writ petition stands disposed of.



                                                    (Ajit Kumar, J)
    perwez

U


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