The court ruled that while accounts can be frozen during fraud investigations, pension access must not be impeded for retired government servants, ensuring a balance between investigation needs and fundamental rights.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. S. Hoque, the learned counsel appearing on behalf of the petitioner. Mr. B.K. Sen, the learned counsel appears on behalf of the respondent Nos. 2 and 3.

2. This Court also takes note of the office note dated 11.12.2025, and that service upon all other respondents has been duly completed.

3. The petitioner herein was a Government servant and retired on 31.03.2022. He maintains a savings bank account with the State Bank of India, Mangaldoi (Bazar) Branch, bearing Account No. 10763163407. Upon his retirement, his pension gets credited to the said account maintained with the State Bank of India.

4. On 06.07.2024, the petitioner was informed that his account had been frozen on the ground that an amount of Rs. 12,000/- had been deposited therein. The petitioner submitted representations after representations before the respondent No. 2 as well as the respondent No. 4 stating that he was facing insurmountable difficulties due to the freezing of his account, inasmuch as he was unable to access his pension which is disbursed to the said bank account maintained with the State Bank of India. However, as the Respondent Authorities did not take any steps, the petitioner was compelled to approach this Court.

5. The records reveal that this Court issued notice on 12.11.2025.

6. An affidavit-in-opposition has been filed by the respondent Nos. 2 and 3. In the said affidavit-in-opposition, it is mentioned that a notice under Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was received from the Superintendent of Police, CID, Crime Branch, Cyber Complex, Bhubaneswar, Odisha on 18.07.2024 to the effect that one Pratap Keshari Rout had lodged a complaint before the CID, Crime Branch, Cyber Crime Police Station regarding fraudulent transactions amounting to Rs. 19,41,073.70p. from his ICICI Bank, State Bank of India, and HDFC Bank accounts by fraudsters on different dates. It was further mentioned that an amount of Rs. 12,000/- was transferred to the petitioner's bank account bearing No. 10763163407 on 23.01.2024. The respondent Nos. 2 and 3 were therefore requested to take immediate steps to stop and cancel the fraudulent transactions and to mark debit freeze on various accounts including that of the petitioner for alleged involvement in the fraudulent transaction and provide current account balance along with statements from the relevant, along with KYC documents, registered e-mail ID, and mobile number of the account holder for taking further legal action at their end.

7. It was mentioned in the said affidavit-in-opposition that on the basis of the said communication, the petitioner's bank account was frozen inasmuch as it was categorized under “Layer 2” of the fraudulent money trail. It is also stated that the respondent Nos. 2 and 3 are caught between the petitioner's demand for access to his account and the CID's demand for freezing the said bank account. It was therefore mentioned that until a de-freeze order or No Objection Certificate is issued by the CID, Crime Branch, Odisha the bank is legally incapacitated from lifting the freeze.

8. This Court has duly heard the learned counsels appearing on behalf of the parties and given an anxious consideration to the respective submissions.

9. It is seen that in the year 2024, and more particularly, on 18.07.2024, an e-mail was sent to the respondent Nos. 2 and 3 by the Odisha police. The disputed transaction pertains to an amount of Rs. 12,000/- as reflected in the e-mail enclosed as Annexure-A (series) to the affidavit-in-opposition filed by respondent Nos. 2 and 3.

10. This Court also duly takes note of that the petitioner herein