Ankit Tamrakar vs Union Of India

NEUTRAL CITATION NO. 2026:MPHC-JBP:83632
1 WP-23634-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
th
ON THE 15 OF OCTOBER, 2026
WRIT PETITION No. 23634 of 2023
CNR No.: MPHC010549672023
ANKIT TAMRAKAR
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Ravindra Singh Ahirwar - Advocate for the petitioner.
Shri Manoj Kumar Singh - Advocate for the respondents.
WITH
WRIT PETITION No. 17052 of 2023
CNR No.: MPHC010408382023
JAGANNATH PAL AND OTHERS
Versus
POST OFFICE BANK AND OTHERS
Appearance:
Shri Ravindra Singh Ahirwar - Advocate for the petitioner.
Shri Manoj Kumar Singh - Advocate for the respondents.
WRIT PETITION No. 18502 of 2023
CNR No.: MPHC010435082023
ASHOK KUMAR AHIRWAR AND OTHERS
Versus
POST OFFICE SAVINGS BANK AND OTHERS
Appearance:
Shri Ravindra Singh Ahirwar - Advocate for the petitioner.
Shri Manoj Kumar Singh - Advocate for the respondents.
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 16-10-2026
17:33:44

NEUTRAL CITATION NO. 2026:MPHC-JBP:83632
2 WP-23634-2023
ORDER
This order shall govern the disposal of all the aforesaid petitions
i.e.W.P.No.23634/2023, W.P.No.17052/2023 and W.P.No.18502/2023. For the
sake of convenience, the facts, as detailed in W.P.No.23634/2023 are being taken
note of.
2. W.P.No.23634/2023 has been filed by the petitioner under Article 226 of
the Constitution of India while praying for following reliefs:
"(i) Issue a writ in the nature of mandamus to quash impugned order of
the respondent No.3 (Annexure P/7) upon holding that as bad in law.
Direct the bank to refund the Petitioner's entire amount of Rs. 2,80,000,
along with interest and additional costs, damages, incurred by the
Petitioner due to this fraudulent act.
(ii) Direct an immediate investigation and inquiry into the fraudulent
activities and embezzlement of Rs. 2,80,000 by the bank employees of
Post Office Bina Branch.
(iii) Summon the entire material record from the possession of the
respondents, for its kind perusal;
(iv) Pass any other appropriate order(s) or direction(s) as deemed fit by
this Hon'ble Court in the interest of justice and to prevent any further
harm to the Petitioner's rights and interests.
(v) Cost of the petition may also be kindly awarded."
3. W.P.No.17052/2023 has been filed by the petitioners under Article 226
of the Constitution of India while praying for following reliefs:
"(i) Issue a writ in the nature of mandamus to quash impugned order of
the respondent No.3 (Annexure P/10) upon holding that as bad in law.
Direct the bank to refund the Petitioner's entire amount of Rs.
27,50,000, along with interest and additional costs, damages, incurred
by the Petitioner due to this fraudulent act.
(ii) Direct an immediate investigation and inquiry into the fraudulent
activities and embezzlement of Rs. 27,50,000 by the bank employees
of Post Office Bina Branch.
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 16-10-2026
17:33:44

NEUTRAL CITATION NO. 2026:MPHC-JBP:83632
3 WP-23634-2023
(iii) Summon the entire material record from the possession of the
respondents, for its kind perusal;
(iv) Pass any other appropriate order(s) or direction(s) as deemed fit by
this Hon'ble Court in the interest of justice and to prevent any further
harm to the Petitioner's rights and interests.
(v) Cost of the petition may also be kindly awarded."

4. W.P.No.18502/2023 has been filed by the petitioners under Article 226
of the Constitution of India while praying for following reliefs:
"(i) Issue a writ in the nature of mandamus to quash impugned order
dated 01/06/2023 passed in CR/2023-
03/DPOSTE20230016550/SAGAR by the respondent no.3 (annexure
P/8) upon holding that as bad in law. Direct the bank to refund the
Petitioner's entire amount of Rs. 5,00,000 with respect to petitioner
no.1 and 1,10,000 with respect to petitioner no.2 for refusal of payment
by respondent no.4 along with interest and additional costs, damages,
incurred by the Petitioner due to this fraudulent act.
(ii) Direct an immediate investigation and inquiry into the fraudulent
activities and embezzlement of Rs. 5,00,000 and 1,10,000 by the bank
employees of Post Office Bina Branch.
(iii) Summon the entire material record from the possession of the
respondents, for its kind perusal;
(iv) Pass any other appropriate order(s) or direction(s) as deemed fit by
this Hon'ble Court in the interest of justice and to prevent any further
harm to the petitioner's rights and interests.
(v) Cost of the petition may also be kindly awarded. "
5. It is a case where the petitioner herein approached the concerned post
office with a request to open Term Deposit Account as well as a National Savings
Certificate. The petitioner, within the premises of the post office, was met by the
persons who were employees of the post office and accordingly the account was
opened and a passbook was also issued to the petitioner. Later on, it was found
that there was a scam and the passbooks were forged and fabricated and no
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 16-10-2026
17:33:44

NEUTRAL CITATION NO. 2026:MPHC-JBP:83632
4 WP-23634-2023
accounts were opened. Accordingly, the aforesaid employees of the post office

who were instrumental in commission of the aforesaid offence were prosecuted
and later on, convicted as well. The grievance of the present petitioner in this
cases is that since they have been duped at the behest of the employees who were
undisputedly on the rolls of the department, the department has vicarious liability
to indemnify the petitioner who had suffered pecuniary losses on account of the
fraud played at the behest of the employees of the post office. The claim of the
petitioners has been turned down by the Department of Post Office vide impugned
order on the ground that the petitioner, in order to open the account, had
approached the employee of the post office who was already transferred and was
not posted at the concerned branch, and instead of approaching him, the petitioner
was required to approach the authorized office employee at the counter.
6. Learned counsel for the petitioner contends that, in such nature of cases
th
have been taken note of by the Department of Post Office in a Circular dated 27
of May, 2021 contained in Annexure RJ-3. The said circular contains provisions
for standard operating procedures for handling of claim cases arising out of loss
and fraud cases. It is contended by the counsel that the said circular contains the
specific provision that the complaint cases are to be entertained in cases where the
accounts are not opened or a fake passbook was issued.
7. In the case in hand, the accounts were not opened, and the fake passbook
was issued. Undisputedly the issuance of passbook as well as the opening of the
account was at the behest of the persons who were employees of the Department
of Post Office and therefore the posting of said employee in the concerned Post
Office was not supposed to be in the knowledge of the petitioner nor the petitioner
had any means to know about the said fact. Once the employee of the Department
of Post Office was found in the Post Office, there was no reason for any customer
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 16-10-2026
17:33:44

NEUTRAL CITATION NO. 2026:MPHC-JBP:83632
5 WP-23634-2023
to disbelieve him, more particularly when he rendered services in the premises of

the Post Office. Thus, in view of the aforesaid, counsel submits that the impugned
order deserves to be quashed.
8. Learned counsel for the respondent contends that it's a case where the
Department of Post Office cannot be fastened with any liability to pay claim to the
present petitioner. The petitioner had not approached the authorized employee at
the counter and instead of approaching the counter, the petitioner approached
other persons though who were employee of the Department of Post Office, but
were not posted at the concerned branch at the relevant time. Therefore, the claim
of the petitioner has been rightly turned down by the competent authority while
passing the impugned order.
9. No other point is argued or pressed by the parties.
10. Heard the rival submissions of both the parties and perused the record.
11. A perusal of the record reflects that at the post office, the petitioners
were approached by the persons who were undisputedly employees of the
Department of Post Office. If the said employee was not posted at that particular
branch or Post Office, the said fact was not within the knowledge of the present
petitioners, nor were the petitioners supposed to know the said fact. Therefore,
once the petitioners acted bona fide and innocently and opened their accounts with
the concerned Post Office at the behest of the persons who were the employees of
the Postal Department and who were later found to be culprits, the petitioners
were entitled for amount as claimed by them after the fraud was committed.
12. The Circular issued by the Department of Post Office contained in
Annexure RJ-3 takes care of the eventuality in the cases where the accounts
themselves are not opened, and the fake passbook are issued. Both eventualities
are available in the case in hand. Therefore, the respondents were duty bound to
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 16-10-2026
17:33:44

NEUTRAL CITATION NO. 2026:MPHC-JBP:83632
6 WP-23634-2023
th
consider the claim of the petitioners in terms of the aforesaid Circular dated 27

of May 2021.
13. In view of the aforesaid, all the petitions i.e. W.P.No.23634/2023,
W.P.No.17052/2023 and W.P.No.18502/2023, are hereby allowed and disposed of
with a direction that if the petitioners submit claim application forms in terms of
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the format appended to Circular dated 27 of May 2021 within a period of 30
working days from today before the authority competent, the authority
competent shall process the claim of the petitioners as regards the payment as
claimed by them within a further period of 90 days. The petitioners shall also be
entitled for the applicable interest amount on the fixed deposit in accordance with
law.
(MANINDER S. BHATTI)
JUDGE
sp

Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 16-10-2026
17:33:44