IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 25848 of 2010(E) -------------------------- PETITIONER(S): --------------- K.R.RAMESH, STAFF OFFICER (UNDER SUSPENSION) BANK OF INDIA THIRUVANANTHAPURAM SERVICE BRANCH, THIRUVANANTHAPURAM,RESIDING AT 48/205 F KALAYATH HOUSE, ELAMAKKARA,KOCHI 682 026. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENT(S): --------------- BANK OF INDIA REPRESENTED BY ITS DEPUTY ZONAL MANAGER AND DISCIPLINARY AUTHORITY, KERALA ZONAL OFFICE, KALOOR TOWERS KALOOR-KADAVANTHRA ROAD, KOCHI 682 017 ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 25848 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th day of September, 2010. J U D G M E N T The petitioner has filed this writ petition alleging that subsistence allowance due to him has been set off against the overdraft liability of the petitioner which the respondent-Bank cannot legally do. The stand of the respondent is that they have only credited the subsistence allowance in his overdraft account since there was failure on the part of the petitioner to respond to the communication of the respondent to provide details of his account in any branch to which the subsistence allowance can be credited. According to them, hitherto the salary of the petitioner used to be credited to the overdraft account and it is under the above circumstances that they have credited the subsistence allowance also in that account. They would further submit that in view of the dispute raised by the petitioner, a cheque for the subsistence allowance amount was issued to the petitioner by post, which was returned, since the petitioner refused to accept the same. 2. On 9.9.2010, I passed the following order: “The learned standing counsel for the Bank submits that subsistence allowance due to the petitioner has been despatched by registered post by way of a banker's cheque. The learned counsel for the petitioner submits that the petitioner has received a covering letter without a cheque. The standing counsel for the bank explains that that is only an advance copy and the banker's cheque has been forwarded by registered post, which the petitioner would receive shortly.” Pursuant thereto, on 20.9.2010, counsel for the Bank produced before the Court the unopened registered letter addressed to the petitioner. As directed by the Court, he opened the cover, took out the contents W.P.C. No. 25848/2010. -: 2 :- thereof and handed over the same including the cheque. Consequently, I passed the following order: “Learned standing counsel for the Bank has today brought before this Court a cover containing the cheque issued to the petitioner as well as covering letter and statement which, according to the respondent, the petitioner had refused to accept. As per the directions of this Court, counsel for the Bank opened the cover and handed over the contents including a cheque for Rs.1,54,096/- to the counsel for the petitioner. Counsel for the petitioner seeks time to verify the correctness of the amount.” Today, counsel for the petitioner submits that the petitioner has certain dispute regarding the amount insofar as certain increments due to the petitioner have not been taken into account for calculating the subsistence allowance. I am not inclined to go into that dispute in this writ petition. Therefore, leaving it open to the petitioner to challenge the quantum in appropriate proceedings , this writ petition is closed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.