Court allows withdrawal of 50% salary from frozen accounts for subsistence, with strict conditions to prevent misuse.
In a significant ruling, the Madhya Pradesh High Court has granted partial relief to a group of police personnel embroiled in a financial irregularity case, allowing them to withdraw 50% of their salary from their frozen accounts to ensure their subsistence. The decision comes amidst ongoing investigations into a scam involving the misuse of government funds through fraudulent travel allowance (TA) bills.
The case involves Constables and Head Constables from the 6th Battalion, Special Armed Force (S.A.F.), Jabalpur, whose accounts were frozen following allegations of their involvement in a financial scam. The scam, allegedly masterminded by an ASI Satyam Sharma and his deceased assistant Abhishek Jharia, involved the fraudulent processing of TA bills using the accounts of several constables, including the appellants, as mule accounts.
Due to the seriousness of the allegations, the State Finance Intelligence Cell (SFIC) had advised freezing the accounts, which included the salary accounts of the implicated personnel. This action led to a situation where the appellants were unable to access their salaries, prompting them to seek judicial intervention.
In their appeal, the appellants requested the opening of their accounts to withdraw their salaries, arguing financial hardship. The court, acknowledging the potential hardship faced by their families, granted the appellants the right to withdraw 50% of their salary from the frozen accounts, emphasizing that this is an equitable relief to prevent undue hardship.
The court, however, imposed strict conditions to ensure that this relief is not misused. The appellants are required to participate actively in both departmental and criminal proceedings, and any misuse of the liberty granted could lead to the withdrawal of this relief. The court underscored the need for vigilance and proactive measures by the authorities to prevent future occurrences of such scams in government departments.
This decision modifies a previous order that dismissed the appellants' plea, reflecting the court's balanced approach in addressing both the severity of the alleged crime and the humanitarian aspect concerning the appellants' families.
Bottom Line :
Employees suspected of financial irregularities and misuse of accounts in a government scam can withdraw 50% of their salary from their frozen accounts for subsistence, subject to conditions ensuring no misuse of liberty.
Statutory provision(s):
Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 Section 2(1)
