THE GOAN NETWORK
PANAJI
In a major relief for former Passport Officer Agnelo Fernandes, the Bombay High Court at Goa has ordered the defreezing of his salary account, which had been frozen by the Central Bureau of Investigation’s (CBI) Anti-Corruption Branch (Goa) in connection with a disproportionate assets case involving him and his wife Cynthia.
In a criminal writ petition filed against the CBI, Fernandes, through his legal representative, submitted that his family’s bank accounts including those of his children were frozen, which prevented them from accessing funds even for daily expenses.
Fernandes, now retired, had to open a separate salary account for depositing his salary as he was in service at that time when the DA case was filed against him.
The case is currently pending trial wherein the CBI charge sheet alleged that Fernandes accumulated 100 percent disproportionate assets while in service with the department.
The petition sought to defreeze the account to bear expenses towards the education of his children.
The Bench of Justice B P Deshpande observed that since the amount in question was salary payments received for services rendered and income tax had already been paid, Fernandes could not be deprived of using the amount.
“The SBI Bank Account at Ponda Branch is admittedly the salary account of Fernandes, yet it was frozen. Admittedly, he received the salary from the department for the services rendered by him, which is a legal amount received by the petitioners...” it stated adding,
“However, the amount which is legally received by Petitioner No. 1 (Fernandes) from his Department as salary cannot be deprived from using it. It will be against the fundamental rights of life as enshrined in the Constitution under Article 21 thereby depriving the concerned employee from using such salary which he has received by legal means for his day-to-day needs and for educating his children.”
Accordingly, the High Court quashed the Sessions Court’s earlier order rejecting Fernandes' application to defreeze the account. “The said account maintained by the SBI Bank, Ponda Branch in the name of the Petitioners stands defreezed,” it ordered.
