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Calcutta High CourtWPA/11827/2020disposed

Pradip Kumar Basu v. Union Of India And ORS.

2021-01-27Hon'Ble Justice Rajasekhar Mantha3 pages

27.01.2021.

Item no. 54.

Court No.13 ap W.P.A. No. 11827 of 2020 (Through Video Conference) Sri Pradip Kumar Basu

Versus

Union of India & Ors.

Mr. Mrityunjoy Goswami, Mr. Parikshit Goswami.

...For the petitioner.

Mr. Subrata Kumar Sinha.

...For the respondent nos.2 to 6.

The writ petitioner has been dismissed from service while he was functioning as Senior Special Assistant of the State Bank of India in the Charu Market Branch. He was subsequently dismissed from service.

The petitioner claims payment of any of is service dues that he may be entitled to pursuant to the said dismissal.

By an order dated 27th January, 2021 passed in W.P.A. No. 11826 of 2020, the petitioner was granted liberty to go to the Industrial Tribunal in respect of the order of dismissal passed in the main departmental enquiry.

The Bank appears to have replied to the petitioner'' letter dated 20th October, 2020 by a letter dated 9th November, 2020. All the entitlement of the petitioner have been dealt with. Against point no.7, the petitioner's account which has been kept on hold,

it is submitted by the Counsel for the Bank that the loan availed by the petitioner from the State Bank of India Employees' Association Co-operative Society Limited and the State Bank of India, Staff Association Co-operative remained outstanding and demand letters were received by the said two Co-operatives from the Branch in this regard.

It is submitted that the accounts lying to the credit of the petitioner were kept on hold, inter alia, to deal with the aforesaid dues.

Counsel for the Bank submits that after adjustment of the dues, any balance sum that may have come payable after adjustment of the aforesaid loans would be released to him.

In those circumstances, this Court directs that the Regional Manager (Region-IV), State Bank of India, Regional Business Office, South 24 Parganas being the respondent no.4 herein shall, within a period of one month from the date of communication of this order, release any balance sum that may be left in the accounts of the petitioner, after adjustment of the dues of the aforesaid two Co-operative Societies and any other loan that the petitioner may have availed from any other Staff Welfare body and/or Society and/or Bank itself.

With the above observations the instant writ application shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)