K R RAMESH Vs. BANK OF INDIA

JUDGEMENT

(1.) 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: