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2025 DIGILAW 1388 (JHR)

Amit Kumar v. State of Jharkhand

2025-05-09

ANUBHA RAWAT CHOUDHARY

body2025
JUDGMENT : (Anubha Rawat Choudhary, J.) 1. Heard the learned counsel appearing on behalf of the parties. W.P. (C) No. 1933 of 2025 2. This writ petition has been filed seeking quashing of notice dated 03.03.2025 (Annexure-9) issued by the Zonal Manager, Bank of India, Ranchi, (respondent No. 3) whereby the bank account of Bank of India, Officers’ Association, Jharkhand State Unit’s being Account No. 490210100015888 has been frozen. 3. The learned counsel for the petitioners has submitted that the impugned order is contained at Annexure-9 dated 03.03.2025 and a reference has been made to the order of the Additional Registrar, Labour Department, Ranchi dated 21.02.2025, but the connected letter is dated 24.02.2025 [ Annexure-8] to the writ petition. He submits that it has been recorded yesterday on the submission of the learned State counsel, who sought instruction yesterday itself, that there is no such order dated 21.02.2025. 4. The learned counsel for the petitioners has submitted that the nature of the order as contained in Annexure-9 reveals that the bank has tried to exceed its authority by entering into election dispute of the Trade Union. He has also referred to Annexure-8 and has submitted that the said document does not reveal that the bank account of the petitioner is required to be frozen for one or the other reason. The learned counsel submits that the affairs of the petitioner has come to a grinding halt on account of freezing of the bank account and appropriate order be passed and the petitioners be permitted to operate the bank account subject to counter-affidavit which may be filed by the respondents and notice be issued to the private respondent No. 6 at whose instance this has happened. 5. Learned counsel appearing on behalf of the State has again confirmed today that there is no such order dated 21.02.2025 and the connected order is Annexure-8 which is dated 24.02.2025. 6. Learned counsel for the respondent-Bank has also submitted that he shall seek instructions and file counter-affidavit in this case and upon perusal of Annexure-8 dated 24.02.2025 he is also not in a position to demonstrate as to how the impugned order freezing the bank account has been passed and how and for what cogent reasons the bank is concerned with the election dispute of the Union. As per annexure-8 , there is no order or direction to freeze the bank account. 7. As per annexure-8 , there is no order or direction to freeze the bank account. 7. After hearing the learned counsel for the parties and considering the facts and circumstances of this case and on bare perusal of the impugned order as contained in Annexure-9 issued by the bank freezing the bank account of the petitioners, it appears that the bank is unnecessarily entering into the dispute relating to election or office bearer of the petitioner Union and on the face of the order it appears that the order to freeze the bank account is without any legal basis and the same is required to be stayed. 8. Consequently, the operation, implementation and execution of Annexure-9 dated 03.03.2025 is stayed till 24.06.2025. 9. Let notice be issued to the respondent No. 6 for which requisites under ordinary process as well as speed-post be filed by the petitioners within a period of one week from today. 10. Dasti in addition. 11. Office is directed to track speed-post-delivery and prepare appropriate office note in connection with service of notice. 12. Learned counsel for the respondent-Bank and State are also directed to seek instructions and file their respective counter-affidavits in this case much prior to the next date of hearing. 13. Post these cases on 24.06.2025.