PATNA, India, Aug. 21 -- Patna High Court issued the following judgment on July 22:

1. The petitioner has filed the instant application for the following reliefs:

"(i) Issuance of writ or in the nature of writ of Mandamus directing the respondent no. 3 to 10 to credit Rs. 3,14,000/- (Three Lacs and Fourteen Thousand only) which was Post retiral benefit / Gratuity Amount / Pension Amount of the petitioner and which has been realized in an arbitrary manner against the law / Rule / Regulation / Agreement and without any intimation, communication or demand and moreover without invoking Guarantee within Limitation Period.

(II) Issuance of writ for declaring the action taken by the respondents by which respondents had set hold Rs. 3 lakh (Post retiral benefit / Gratuity Amount) and further realized Rs. 3,14,000/- without any intimation, communication or demand in an arbitrary manner against the Law / Rule / Regulation /Agreement which is against the Principle of Natural Justice.

(III) Issuance of writ or in the nature of writ of Mandamus directing the respondent no 3 to 10 to supply all the relevant documents on the basis of which action has been initiated against the petitioner.

(IV) Issuance of writ or in the nature of writ of Mandamus directing the respondent no. 3 to 10 to pay interest for the period for which the aforesaid amount has been set hold/realized

(V) Issuance of direction to the respondents further not to Set Hold/Realization of any further amount from the account of petitioner unless there is any admission or acknowledgment, any judgment, award or order for the appropriate authority till the final adjudication of this case.

(VI) Grant such other order/orders, relief/reliefs as your Lordships may deem fit and proper."

2. The short facts of the case are that the petitioner, was posted as Head Constable in Bihar Police, at Munger from 2008 to 2012. In December 2011, he availed a personal loan of Rs.5,00,000/- from State Bank of India (SBI), Munger Branch, for his daughter's marriage, which he repaid in full through 60 EMIs. Sri Ajay Prasad Singh (respondent No. 11), a fellow Constable posted at Munger, approached the petitioner to stand as guarantor for his personal loan of Rs.5,26,179/-, and he availed from the same branch on 29.12.2011. Relying on their professional relationship, the petitioner agreed and executed a Deed of Guarantee on the said date, in favour of Sri Ajay Prasad Singh.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTY3NCMyMDE4IzEjTg==-nsE--am1--LaGAj5M=

Disclaimer: Curated by HT Syndication.