The bank cannot freeze accounts without legal justification or prior notice, violating constitutional rights and procedural norms.

JUDGMENT :

S.K. Panigrahi, J.

1. The petitioner has filed this writ petition challenging the highhanded and arbitrary action of the opposite party i.e. the State Bank of India for freezing her pension account without assigning the reason or any pre intimation.

I. Facts of the Case

2. The petitioner was appointed as Constable under the CRPF on 20.01.1994 through due process of selection. After successful continuance of her service career, she was promoted to the post of Head Constable in the year 2010 and continued as such in different states of India with due diligence. After completion of her 20 years of service with utmost sincerity, due to her ill health, she applied for VRS which was duly considered by the authority and allowed the VRS on 31.03.2015. Accordingly, all her post retiral benefits along with other legal entitlements were also disbursed in her favour in her account in the State Bank of India, Dwaraka Branch Delhi. While the matter stood thus, the petitioner shifted to her native place in Odisha along with the family members and residing at Cuttack as her children are pursuing their study. Since 2015 onwards, she was drawing her monthly pension from Bank through ATM card and all of a sudden her pension account was stopped in the month of May, 2021 by the SBI. On query, the Bank Authority had advised to submit KYC along with other documents to continue the transaction but latter on the same could not be materialized by the Bank and after waiting for quite a long period, the petitioner submitted representation and subsequently issued legal notice on 06.11.2021 for payment of her regular pension which has been credited in the pension Account by the employer. Finally, in response to the legal notice dated 06.11.2021, the Branch Manager, SBI, Dwarka Branch, New Delhi responded and sent a letter along with a notice under Section 91 Cr.P.C. issued by the Sub-Inspector, Dwarka Police Station, South, New Delhi for production of certain documents and freezing of the pension account with a footnote that non-compliance of the above documents amounts to an offence under Section 175 of I.P.C. After receiving such notice, the Bank authority put petitioner’s pension account on hold. Being aggrieved by such highhanded action of the bank authority, the petitioner filed the above mentioned writ petition for release of pensionary benefit by defreezing the Account to save the family from starvation.

II. Submissions Of The Petitioner

3. Learned counsel for the petitioner submitted that when in no such proceeding the petitioner has been found guilty or any order to that effect is available, the police by issuing a notice under Section 91 to the Bank Manager the Account of pension should not have been frozen which is definitely a harassment and clear case of violation of Article 300-A of the Constitution of India. Before any finding of any court, the Bank authority should not withhold the pension by freezing the pension account which is beyond the scope and ambit of the law, hence, and deserves kind consideration. Be that as it may, the Hon’ble High Court has been pleased to pass an order to add Dwaraka P.S. as a party for the purpose of providing an opportunity to the authority to substantiate its article and threat regarding freezing the petitioner’s Account and allow to file the consolidated cause title. Besides that, the Bank also decided to disburse the pension deposited for the time being for withdrawal of the amount. While the matter stood thus, the Bank authority did not release the pension for which on 10.10.2022 the opposite party Bank was directed to accept the withdrawal slip and disburse the pension at main Branch, Cuttack by opening an A