Bhagi Ram Nath, S/O- Late Rangdhar Nath v. Reserve Bank Of India Represented By Its Regional Director
2026-02-17
Devashis Baruah
body2026
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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.
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 is a Government servant who superannuated and that his access to the pension is being withheld due to the freezing of his account. This Court also takes note of that the petitioner had also submitted representation before the Odisha Police in the year 2024 itself. However, till date nothing has been brought on record from the said authority indicating any further action taken. There is also no mention of the steps taken in the complaint so filed by Shri Pratap Keshari Rout with regard to other accounts which were frozen. 11.
However, till date nothing has been brought on record from the said authority indicating any further action taken. There is also no mention of the steps taken in the complaint so filed by Shri Pratap Keshari Rout with regard to other accounts which were frozen. 11. This Court finds it very pertinent to observe that for the purpose of investigation, the amounts which have been transferred illegally to the petitioner’s account cannot be permitted to be used, but at the same time, this Court cannot turn a blind eye to the agony of the petitioner for being not able to access his pension. 12. Accordingly, this Court, therefore disposes of the instant writ petition with the following observations and directions: (i) The respondent Nos. 2 and 3 are directed to lift the freeze on the petitioner's savings bank account bearing Account No. 10763163407 maintained in the State Bank of India, Mangaldoi (Bazar) Branch. (ii) The respondent Nos. 2 and 3, shall however keep a lien on the amount of Rs. 12,000/- being the amount stated in the e- mail dated 18.07.2024 to have been illegally transferred to the petitioner’s bank account. The petitioner cannot have access to the said amount of Rs. 12,000/-. (iii) The respondent Nos. 2 and 3 shall do the needful as directed above within a period of 5 (five) days from the date of production of a certified copy of the instant judgment.