IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8199 of 2010 KUMAR SAURABH, S/O SRIKANT PRASAD, R/O MOHALLA – PATEL NAGAR, BARHI TOLA, P.S.- ISLAMPUR, DISTRICT- NALANDA. Versus 1. THE STATE BANK OF INDIA THROUGH CHIEF GENERAL MANAGER, LOCAL HEAD OFFICE, WEST GANDHI MAIDAN,PATNA. 2. THE ASSISTANT GENERAL MANAGER (ADMINISTRATION), REGION-III, JUDGES COURT ROAD, PATNA. 3. THE BRANCH MANAGER, STATE BANK OF INDIA BRANCH, RAJGIR, NALANDA. ----------- 05. 29.06.2010 Heard learned counsel for the petitioner and the counsel for the State Bank of India. 2. From the statement made in paragraph-15 of the counter affidavit affirmed by the Chief Manager, State Bank of India, L.H.O., Patna it appears that petitioner has been paid subsistence allowance, details of such payment along with the date of drawal of the amount is incorporated in the said paragraph. 3. Learned counsel for the petitioner with reference to the details submitted that the instalment of the computer loan has been deducted on 29.10.2009, 29.11.2009, 29.12.2009 and 26.3.2010 amounting to Rs.5,634/- 4. Learned counsel for the Bank, however, states that for better appreciation of the payment received by the petitioner he should be asked to appear before the Branch Manager of the Barauni Fertilizer Branch of the bank where he shall be given complete statement of account of the payment made to him under the subsistence allowance head and short fall if any shall be made good within two weeks of the appearance of the petitioner in the Branch along with a copy of this order. It shall be the duty of the Branch - 2 - Manager, Barauni Fertilizer Branch to make payment of monthly subsistence allowance to the petitioner, provided the petitioner continued to report at the Branch. 5. It is further submitted with reference to the averments made in the counter affidavit that petitioner has been served with the memo of charge dated 19.6.2010, Annexure-A to the counter affidavit. Counsel for the petitioner, however, disputes the service of memo of charge but admits the fact that petitioner having received the copy of the counter affidavit the service of charge sheet appended therewith be taken to have been made. Having perused the charge sheet learned counsel for the petitioner submitted that petitioner be allowed four weeks time to file his response/written defence to the averments made in the charge sheet after he is allowed inspection of the relevant documents in terms of the instruction 4 of the charge sheet. Let the authorities of the Bank while granting inspection allow the petitioner to take photo copy of the documents which he wishes to have at his own cost but petitioner should file his response/written defence within four weeks of completion of the inspection of the documents. The enquiry officer should conclude the proceeding within six months from the date of receipt of the response/written defence from the petitioner. Further instalment of the computer loan be deducted but not from the subsistence allowance of the petitioner. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)