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about bank account

(Querist) 07 June 2016 This query is : Resolved 
My earlier post

"I am krish kaushik from West bengal.I was working in a psb from 2013. During my probation period, a serious misconduct done by me unfortunately. Around 1.75 lakhs fraud was happened. Now on 29 may 2015 concern psb regional office freeze my two account one is salary and other is normal sb. Psb head office issued charge sheet and the matter was finished within 6 months with termination on Dec 4 2015. Now on 21 Dec 2015 I submit and applied for UNFREEZING my all accounts to regional office. Because after my father death the whole amount around 12 lakhs is in my bank account to this psb. Now after 4 months from application they did not unfreeze. The charge sheeted amount already deducted from my account on Oct 2015. One of my colleague said to frame a legal notice against psb. My question is what will b my next step. 1.there is no other issue about me from bank. 2. Concern head office told regional office freezed my account so they have to unfreeze. 3. Regional office told to wait.but it is 5 months I have no money. My Question is Is freezing of bank account is illegal without any notice? If they whole case was settled, no other allegation then what is the procedure to unfreeze my bank account?"


Now I have sent legal notice as on 3 June,2016 to bank higher authority,local authority and branch manager.

My questions are...
1. If they have to reply?
2. If they don't give any reply to my advocate what will be the consequences?


Please give me a right path to recover my money
Devajyoti Barman (Expert) 07 June 2016
1. The bank is well within its right to freeze the bank a/c but only to the extent of money admittedly defalcated by you.

2. At the same time they will have to frame a Memo of Charge and start a departmental inquiry to punish you as per their Service Rules.

3. However beyond the alleged amount of defalcation they can not freeze the a/c anymore or any other additional a/c.

4. Send a legal re-presentation and then file writ petition in high court to release the frozen a/c.

Nothing to worry. You will get relief.
Since you are from Kolkata feel free to contact if you need assistance on releasing your frozen bank a/c.
kaushik k (Querist) 07 June 2016
ALL PROCEDURES COMPLETED.

1.Issued charge sheet by bank
2. Departmental enquiry
3. Recover money by bank ( said amount exactly which was demarcated)
4. Issued final order of termination on Nov 2015

Then they give me my last nps contribution to nps account and give NPS to me for personal use or released nps.

From Dec 2015 they just harassed me a lot. They definitely know that there will no issues. But heeds no action.

I just waiting for 15 days for reply of legal notice.then I will take action.
Devajyoti Barman (Expert) 07 June 2016
Well, then if the bank does not act on your representation then seek legal recourse under writ jurisdiction of the high court.
Kumar Doab (Expert) 07 June 2016
You have been advised in other threads:


http://www.lawyersclubindia.com/experts/bank-account-problem--593646.asp


http://www.lawyersclubindia.com/experts/about-charges--594391.asp



Expert Mr. Barman advised to contact for help.



Rajendra K Goyal (Expert) 08 June 2016
You have already sent legal notice.

Lodge complaint to Banking Ombudsman and to chairman, managing Director, General Manager of the Bank by registered post and by e-mail.

If no response file consumer complaint. Make the Manager, Regional Manager as party in the case.


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