Madhya Pradesh HC Allows SAF Constables In TA Bill Scam To Withdraw 50% Salary From Frozen Accounts For Subsistence
The Bench held that families should not suffer for the employees' alleged misdeeds, directing appellants to co-operate with ongoing criminal and departmental probes.
The Madhya Pradesh High Court has allowed Special Armed Force Constables and Head Constables accused in a Travel Allowance (TA) bill scam to withdraw 50% of their salary from their frozen bank accounts for subsistence.
The Court observed that in the absence of the salary, the families of the Appellants may suffer.
The Court granted the relief, warning that any misuse of this liberty or failure to cooperate with the investigation and departmental enquiry could lead to the revocation of the equitable remedy.
The Division Bench of Justice Anand Pathak and Justice BP Sharma held, "So far as submission of counsel for appellants for subsistence is concerned, it is an area which requires consideration for the reason that in absence of salary or part of it, families of appellants may suffer because of their mis-deeds/misadventure, if any. Therefore, in the considered opinion of this Court, appellants may withdraw 50% of their salary amount from their freezed accounts for their subsistence and not beyond that. "
Advocate Adwitya Parasher appeared for the Appellants, while Advocate Piyush Jain appeared for the State
A writ appeal was filed under Section2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, against the order passed in a writ petition, which was dismissed.
The appellants were working as Constables/Head Constables in Special Armed Force (S.A.F.), Jabalpur. In November 2025, the State Finance Intelligence Cell (SFIC) issued a communication to the Collector, Jabalpur, pointing out massive financial irregularities in the processing of online Travel Allowance (TA) bills within the battalion.
The Crime Branch was directed to investigate the matter, and then it froze the bank accounts of those Appellants, as they were used as mule accounts and part of proceed of crime routed through these accounts. Resultantly, salaries deposited in those accounts are also impliedly freezed. Hence, the Appellants were not able to withdraw the money for their subsistence.
The Appellants filed a writ petition seeking opening of their accounts for transactions so that they may withdraw their salaries for subsistence.
The State opposed the contentions and submitted that Departmental Enquiry (DE) has started against the Appellants. It was submitted that it is a high-level scam where criminal breach of trust, cheating and forgery were involved. Hundreds of TA bills, which were required to be paid to different employees, were not paid to them and were routed through these accounts for personal gain.
The Court directed, "It is made clear that in case of any misuse of this liberty is found by this Court, then this equitable relief may be withdrawn on the compliant, if any, made by the respondents...Needless to say that all appellants shall participate in the departmental proceedings without delay as well as in criminal case by co- operating in investigation and trial, if required."
Accordingly, the Appeal was allowed.
Cause Title: Astik Shukla and Ors. v. State of Madhya Pradesh and Ors. [Neutral Citation: 2026:MPHC-JBP:65132]