Regarding salary attachment

varinder (Querist) 28 April 2014 This query is : Resolved
That the honorable court had attached the salary 1/3 in recovery suit for Rs 97,000/-and the direction been given to the BSnl for attachment and same amount is to be sent to the honorable court.The department higher officer had release the salary after 24 months without taking prior permission of the honorable court him self incase if said officer do so wheter the contempt of court is appliable against those officer as my opion is that the court can recall the order but the department officer has got no power to realse the attached salary nor the department is the party inthe case do reply me what to do so that such officer is to be pubish for the voilation of court order on the other without prior permission from the honorable court. and also give me some judgment regarding its.

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Devajyoti Barman (Expert) 28 April 2014
No judgment please...

Guest (Expert) 28 April 2014
Attachment of whose salary, on account of what, what was the rate of recovery being remitted to the court, and in what manner you are related with the case?

ajay sethi (Expert) 28 April 2014
we dont provide citations

Rajendra K Goyal (Expert) 28 April 2014
Citation not provided in this section.

varinder (Querist) 28 April 2014
bsnl employee Judgement debitor who had taken a loan i.e 1/3 salary been reitted to the court as i am decree holder

Sudhir Kumar, Advocate (Expert) 29 April 2014
please intimate if attachment was for which period.

varinder (Querist) 29 April 2014
the court had not given any order regarding period only direction were given to the employer of jd to attached the salary i.e 1/3 and same is to be remitted to the court the court had not fix the period in the warrant of attachment under rule 21 order 48 as the department of the jd had release the salary without taking prior permission of the court stating that after 24 months the attachment is free i want to arise the question what authority have got to the jd deparment to release the attached salary without prior permission of the honorable court what action is to be taken against the department do give me guide line inthis regard.

Guest (Expert) 29 April 2014
The recovery of not more than 1/3 of the basic pay + dearness pay from the employee against single attachment cannot be extended beyond 24 months. After completion of 24 moths, no prior permission of the court is required to be taken for discontinuing the recovery from pay. No contempt lies.

You could better have taken order for attachment of his property, etc. So for recovery of the balance of amount, you may have to approach the court again for attachment of some other asset, like property or bank account of the employee.

Ms.Usha Kapoor (Expert) 01 July 2018
Agree with Dhingra Ji.

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