Complaint Details

Status	:	Closed
Complaint No	:	0007144/2013
Category	:	Banking
Date	:	08-11-2013
Subject Line	:	Abuse of Authority & Colourable Misuse of Power
Complainant	:	S M Masih-ur Rehman
Address	:	Chand Colony, Khagaul Road, Phulwari Sharif, Patna - 801505
Complainee	:	Punjab National Bank
Address	:	7, Bhikaiji Cama Place, New Delhi

Complaint Details
Shri A.K.Dargan 01.11.2013
Circle Head (DGM),
Punjab National Bank,
Circle Office, Chanakya Towers,
R.Block, Patna-800001.
Email: copta@pnb.co.in; akdargan@pnb.co.in

Reg: My application seeking information under RTI Act dated 30.07.2013 & 06.09.2013 and my grievances in payment of terminals, illegally withheld at the behest of authorities of PNB CO Patna.
Ref: My letter dated 03.09.2013.

Please take reference of your reply sent on 30.09.2013 vide registered post No. EF070286614IN dated 30.09.2013 posted at 21:20:43 P.M. by backdating the letter as 17.09.2013 like earlier ones. This letter was malafidely & intentionally shown written on 17.09.2013 and this is the general criminal practice of your RTI section to prepare letters in back dates as per convenience for false defence and for saving their skins and faces on account of their illegal acts.
You may please observe the records and find that only to hide treacherous, illegal and malafide acts of people working in your RTI section, no information as requested vide my request dated 30.07.2013 has been provided. The learned CPIO/CM HRD vide his letter dated 23.08.2013 stated “ ------- the information --------- which in our view cannot be provided ------“ . (Please peruse the letter dated 03.08.2012 of the same CPIO through which he by referring the RTI Act stated that views cannot be given). The basic objective of the RTI Act is meant to promote transparency and accountability in the working of an organization/ government, contain corruption, and make our democracy work for the people in real sense. The Act requires the public authorities to retain the records as per record retention policy applicable to the concerned public authority. The obligations of a public authority are basically the obligation of the head of the authority, which should ensure that these are met in right earnest and information shall be supplied well within stipulated time, as citizens have a fundamental right to seek information at par with the members of parliament and the members of state legislation. There is no scope for opinion, advice, clarification and views under the RTI Act.
Your CPIO/CM HRD has bluffed and cheated me in getting inspection of work, documents and records at yours in terms of CIC order dated 18.02.2013, the facts are available on record. Please peruse my copy of email dated 16.03.2013 read with my letter dated 03.09.2013, you must appreciate that whatever noting of CM has been put on his letter dated 9.3.2013, is his after-thought by back dating the same trying to save his ill deeds. The CPIO himself is responsible for grossly violating the above CIC order dated 18.02.13, the intention & reason for violation best known to him.

Sir, I think you have still not understood the whole episode and unnecessarily protecting the persons involved in criminal conspiracy (committed offence under Section 120-B of IPC), disobeying law by public servant – with intent to cause injury to another person under abuse of authority by grossly violating the Bank & CVC guidelines (committed offence under Section 166 of IPC), Framing an incorrect document by public servant with intent to cause injury (committed offence under Section 167 of IPC), false information- with intent to cause public servant to use his lawful power to the injury of another person (committed offence under Section 182 of IPC) and grossly violating the Principles of Natural Justice [The cardinal rule among the different rules of Natural Justice is that “No one shall be condemned unheard”. An order affecting the rights of a person or having adverse consequences on him should not be passed without affording a hearing to him]. Under departmental action all the culprits involved in the conspiracy have committed offence under Reg. 3(1), 3(2), 3(3) & 3(4) read with Reg. 24 of the PNB Employees’ (Conduct) regulation, 1977 which is punishable under Reg.6 of PNB Officer Employees’ (D&A) Regulation, 1977. It is requested to get the whole affairs investigated by Chief vigilance or any other higher authority to get the truth and accordingly fix the accountability.

Sir , you observed in your letter incorrectly dated 17.09.2013 that “ letter dated 16.08.2011 --- was duly supported by the certified copies of the court record and reporting was regarding a status of case and not reporting against an individual”.
You may please peruse the order of CJM dated 27.10.1990 (one of the court record as mentioned by you above) it is admitted by the state that only allegation against me is that I made payments of two bank drafts worth Rs. less than 8,000/- issued by Pun pun branch as paying banker. The bank has also got thoroughly investigated the entire affairs by deputing two Senior Bank Officers – one from Head Office New Delhi and another from Zonal Office Patna in the year 1991. They thoroughly investigated and examined all the matters related to the said case and thereafter they submitted their report mentioning inter alia that there was no fault as well as no irregularity on the part of mine, and accordingly the Disciplinary Authority of Punjab National Bank after applying his judicious mind has decided that further action against me in that matter by the bank is unwanted and is not called for, and subsequently dropped the Staff Side Case against me in the year 1991 itself vide letter dated 12.10.1991 sent to the Regional Manager, Regional Office, Patna“A”. There is nothing on record that any loss or damage has ever been caused to the Bank either in terms of money or reputation by any act/omission of mine & neither is there finding that I had committed any misconduct in discharge of my duties in my entire illustrious and unblemished career of 34 years in Punjab National Bank. The payment of two genuine drafts in question were ordered for payment by me as branch manager of paying branch was strictly in accordance with system & procedures of the bank, for which I was bound to do.
The false, malicious, vexatious and malafide reporting in the said letter dated 16.08.2011 as:
1. Reporting my case as Money Scandle [False reporting by bank’s advocate]
2. Conducting my case in the judicial proceeding before the court of law by bank’s advocate [False reporting by bank’s advocate]
3. The allegation against me is defalcation of money while making payment under IRDP Scheme to beneficiary [False reporting by Manager law & CM HRD]
Can you also appreciate that these reporting to HO PAD (Prepared by Sri Gopal Krishna, Signed by Sri P.K.Jain and consented by Sri A.K.Gupta & Sri J.K.Gupta) is also derived from status of case against me?
On the other hand Sri Sanjay Kumar Bank’s advocate has stated that he has issued his report under pressure and threat from CH through Sri Gopal Krishna. This fact has been brought in writing also with the CH Sri J.K.Gupta vide my letter dated 05.03.2012. Neither the fact is denied nor any action has been taken against the Bank’s advocate/Manager Law or any other guilty persons till date.
I am simply asking for the documents from which the above three observation have been derived and reported to HO.

I totally disagree with your observation in your letter sent on 30.09.2013 that “ allegation against the individual officers are not appreciable as staff is performing their duties on behalf of bank”. Sir, please take note that why the Disciplinary Authorities in bank are serving charge sheets to their officers who are also performing their duties on behalf of bank ? Do you also condemn such acts of Disciplinary Authorities of PNB ?

Sir, you have disposed off my letter dated 03.09.2013 & 06.09.2013 but the application requesting information under RTI Act 2005 vide my letter dated 30.07.2013 has been intentionally denied by the CPIO & further my request for information sent to you by MARD (RTI Cell) HO: New Delhi vide their letter dated 12.10.2013 under Speed Post No. ED 04914351 2IN is still unanswered.
You as senior authority of PNB Circle office, Patna having full jurisdiction and control of information sought, being Public Authority & honorable CH , you are requested to please do not instruct the CPIO (who is party to the conspiracy), your goodself may please provide/furnish the correct and complete information which are blankly denied / not provided, along with the order passed by you in the matter please. Sir, since the appeal under the RTI Act is a quasi judicious function, it is desired that the justice is not only done but it should also appear to have been done. As such it is necessary that the order passed by the AA should be a Speaking Order giving justification for the decision arrived at after considering the each & every points/issues raised in my request.
CH is therefore requested to please consider all the issues raised by me and he is prayed to give reasoned decision in respect of each of the points raised.
Regarding payment of amount of gratuity & commutation of Pension it is to inform you as under:
 The amount of Gratuity with interest upto 31.12.2012 only paid to me on 25.09.2013.
 The amount of Commutation of Pension which was withheld illegally ( actually payable w.e.f. 01.10.2011) was sanctioned on 13.09.2013 second time (intentionally and malafidely sanctioned after 06.09.2013) against my request dated 30.08.2011, paid to me on 01.10.2013.
The bank for their illegal & malafide act is liable to pay penalty and compensation for harassing, victimizing, humiliating & punishing me without any irregularity, lapses or fault and injected me the agony of mental & physical suffering and torture on ongoing basis. Due to this very illegal act and abuse of authority on the part PNB Management CO Patna, the marriage of my daughter which was settled and fixed to be solemnized on 18.11.2011 could not be held due to the only fact that the retirement benefits have not been paid to me. Further on the assurance of CO Patna authorities it was fixed on 20.09.2013 and that too only give me further torture and humiliation. The humiliation which I met is unbearable and inexpressible due the extent of cruelty and caprice, malafides and malevolence, unkindness and unfairness, arbitrary, unreasonable and irresponsible conduct and behavior of the authorities of PNB Circle Office Patna.
Relief Sought:
1. The bank has to pay the interest @ 10% as per PG Act 1972 on amount of Gratuity w.e.f. 01.01.2013 to 25.09.2013 i.e till the date of payment.
2. The bank, if want to sanction my commutation of pension again in current date, they have to sanction it as on 05.09.2013 instead of 13.09.2013 and pay the difference alongwith interest @18% w.e.f. 01.10.2011 to 05.09.2013 for their illegal holding for 2 years.
3. The bank has to pay compensation of atleast Rs. 10 lacs for mental & physical sufferings on account of torture and agony met at the hands of PNB CO Patna authorities.
The above relief will have to be made within a time of 30 days, failing which I will left with no option but to go through all available legal remedies.
With regards.

( S.M.Masih-ur-.Rehman)
Ex. Senior Manager, PNB, Circle Office, Patna.
PF No. : 31332
Email : smmrehman@gmail.com ; smmrehman@ymail.com ;
Address: Chand Colony, Khagaul Road,
Phulwari Sharif, Patna- 801505.
Mobile No. 09431019396
Copy to :

1. The CVO [Email: cvo@pnb.co.in], EDs [Email: ed@pnb.co.in, ed2@pnb.co.in, ed3@pnb.co.in], CMD [Email: cmd@pnb.co.in] Punjab National Bank, HO: 7, Bhikaiji Cama Place, New Delhi for intervening into the matter, for getting the applicant JUSTICE by settling his grievances and for taking action against the corrupt bank officials for intentionally, malafidely & grossly violating law, the Principles of Natural Justice , PNB & CVC guidelines .
2. The Chairman, National Commission of Minoritees, 5th. Floor, Lok Nayak Bhawan, Khan Market, New Delhi – 110003 for intervening into the matter and for getting the applicant JUSTICE by settling his grievances and for taking action against the corrupt bank officials for intentionally, malafidely & grossly violating law, the Principles of Natural Justice , PNB & CVC guidelines[Email : ro-ncm@nic.in ].
3. The Chief Vigilance Commissioner, CVC, Satarkta Bhavan, A-Block GPO Complex, INA New Delhi- 110023 for intervening into the matter, for getting the applicant JUSTICE and for taking action against the corrupt bank officials for intentionally, malafidely & grossly violating the CVC guidelines . [Email : cvc@nic.in ]

“Power may make an official corrupt & absolute power makes him corrupt absolutely”.







Track Result for Track Result for :EF070286614IN





Detailed Track Track Events For EF070286614IN


Date Time Status at Status
30/09/2013 21:20:43 PATNA SH Item Received
01/10/2013 03:41:31 PATNA SH Item bagged for Phulwarisharif S.O
01/10/2013 05:34:37 PATNA SH Bag Despatched to Phulwarisharif S.O
01/10/2013 10:28:23 Phulwarisharif S.O Bag Received
01/10/2013 10:42:49 Phulwarisharif S.O Bag Opened
01/10/2013 10:42:49 Phulwarisharif S.O Item Received
01/10/2013 18:08:00 Phulwarisharif S.O Item Delivered

ANNEXURE “A”
(See rule 3)

Format of Application for obtaining information under
The Right to Information Act 2005


To: The Central Public Information Officer / DGM,
Punjab National Bank,
Management Audit & Review Division, 2nd. Floor,
Rajendra Bhawan, Rajendra Place, New Delhi – 110008.
Email : rticellho@pnb.co.in


1. FULL NAME OF APPLICANT : S.M.Masihur Rehman (Ex. Sr.Manager)

2. ADDRESS : Chand Colony, Khagaul Road, Phulwari Sharif,
Patna – 801505.
Mobile No. +919431019396
Email : smmrehman@gmail.com
: smmrehman@ymail.com
PF No.: 31332

3. WHETHER A CITIZEN OF INDIA : Yes


4. DETAILS OF INFORMATION SOUGHT :

A. Nature of information sought :a) Life or Liberty of the person

B. Type of information required : a) Copy of documents
b) Other information

C. Whether the information sought relates to third party ? No

D. SPECIFY THE PARTICULARS OF INFORMATION REQUIRED :

Please furnish me the following 7 (Seven) information:

1. According to the rules, there is no provision under Regulation 46 of PNB (Employees’) Pension Regulation, 1995 for withholding of Commutation of Pension. A letter dated 29.09.2011 sent to Chief Manager – PF & Pension Fund Department, HO by Chief Manager HRD Circle Office, Patna [Prepared by Senior Manager HRD (Shri B.K.Sinha, PF NO. 48759), signed by Chief Manager HRD (Shri P.K.Jain, PF No. 43455), vexatiously and malafidely consented by AGM (Shri A.K.Gupta, PF No. 31504) [despite knowing the fact that under Regulation 46 of PNB (Employees) Pension Regulations, 1995, the bank has not been enshrined even a remotest power to withhold Commutation of Pension of an employee] utilizing abuse of authority & unaccountable misuse of power, instructed Chief Manager – PF & Pension Fund Department, HO to illegally withhold my sanctioned amount of Commutation of Pension.

(i) Please furnish the father’s name along with full addresses of the above officials who were supposed to responsible for withholding of my sanctioned amount of Commutation of Pension since 01.10.2011. If some officials of PAD HO are also involved in this episode, their full particulars may also be furnished.
(ii) What action would be taken against these officials for doing malafide and illegal work and for causing harassment, humiliation & victimisation to the employee/public? By when would that action be taken?
(iii) By when would I get sanctioned payable amount of my commutation of pension along with interest, penalty and compensation?

2. According to Law, Section 182 of Indian Penal Code 1860 provides for prosecution of a person making “ False information, with intent to cause public servant to use his lawful power to the injury of another person”.
Further “A false complaint (not a FIR) made to a public servant also constitute an offence under Section 182 of IPC”.
If the information or complaint against a public servant is found to be malicious, vexatious or unfounded, the person furnishing false information / making false complaint is liable to be prosecuted under Section 195 (1) of the Cr.PC.
A letter dated 16.08.2011 sent to Chief Manager – HR, PAD HO by Chief Manager Circle Office, Patna [Prepared by Manager Law (Shri Gopal Krishna, PF No. 97091), signed by Chief Manager (Shri P.K.Jain, PF No. 43455), consented by AGM (Shri A.K.Gupta, PF No. 31504) & DGM (Shri J.K.Gupta, PF NO. 33010) falsely, maliciously, vexatiously and malafidely reported my case as defalcation of money in making payment under loan Schemes to beneficiaries. Further it has been falsely dictated and reported through bank advocate Shri Sanjay Kumar that he is conducting my case in the judicial proceeding before the court of law and my case reported maliciously as Money Scandal.

(a) Please furnish the father’s name alongwith full addresses of the above officials alongwith bank advocate who were supposed to responsible for falsely, maliciously, vexatiously and malafidely reported my case to HO PAD. If some officials of PAD HO are also involved in this episode, their full particulars may also be furnished.

(b) What action would be taken against these officials including Bank Advocate for doing malafide and illegal work and for causing harassment, humiliation, victimization, mental & physical torture to the employee/public? By when would that action be taken?

3.
(a) I filed complaints for release of my sanctioned commutation of pension/ provisional pension amounting Rs. 7,08,792.00 and sanctioned amount of Gratuity (payable under payment of gratuity act, 1972) w.e.f. 01.10.2011 lastly vide letter dated 18.08.2012, 16.10.2012, 03.08.2013, 08.08.2013, 24.08.2013 & 06.09.2013 duly receipted in the office of CH Patna & o/o of CMD. I have made written requests earlier for the same also. Please tell me the daily progress made on my requests so far. i.e. when did my application reach which official at HO and CO Patna , for how long did it stay with that official and what did he/she do during that period?
(b) According to the rules, my grievances should have been redressed in maximum 14 days time. However, it is about 2 years now. Please give the names and designations of the officials who were supposed to take action on my application and who have not done so?
(c) What action would be taken against these officials for not doing their work and for causing harassment to the employee/public? By when would that action be taken?
(d) By when would I get sanctioned payable amount of my commutation of pension & gratuity along with interest, penalty and compensation?
4. Two complaints dated 08.07.11 & 12.07.2011 of Vivek Rahi & Ilias Hussain (Ficticious Persons) respectively were received at HO and sent by CM PAD HO vide his letter dated 15.07.2011 to CO Patna .
(a) Please inform that when & by whom the said letters have been received by/in the o/o of CMD HO as well as by/in the o/o of CH Patna ?
(b) When and under what S.No. the complaints so received at HO and there after send to CO Patna has been entered in the complaints book of Customer Care Centre looking after the complaints at HO as well as CO Patna?
(c) Please inform from which of the complaints or letter of PAD HO the AGM/Manager(Law)/DGM CO Patna derived that Vakalatnama from PNB BO: Punpun is required and the Manager(Law) desired to visit Punpun and Masaurhi and the name of authority for allowing him may also be furnished ?
5. According to the rules, after the receipt and registration of the complaint the verification of genuineness of the complaint is done by any of the following methods:

1. Addressing the complainant a letter through speed/Registered post, asking him/ her to confirm, within a specified time limit, that he/she has made the complaint.

2. By deputing an authorized official to personally contact the complainant and obtain a written Confirmation to the effect that a complaint has been made by him/her.

3. In a case where the complaint is received electronically vide e-mail/web based feedback mechanism, the complainant should be asked to disclose his/her verifiable details regarding name and address which should be subjected to verification as prescribed in Para 1 or 2 before taking cognizance of the complaint.
However, if any department/organization proposes to look into any verifiable facts alleged in such complaints, it may refer the matter to the Central Vigilance Commission seeking its concurrence through the CVO or the head of the organization, irrespective of the level of employees involved therein.

Please inform categorically that the above guidelines have been adhered to or not at the level of HO and CO Patna. If yes please furnish the detail. If no, why?, please also furnish the name of officials responsible for violation & What action would be taken against these officials for not adhering to bank guidelines?

6. In terms of CVC guidelines on anonymous / pseudonymous petitions/ complaints the Circular No:98/DSP/9/CVC Dt:31.01.2002 is as follows:

Subject: Improving vigilance administration–no action to be taken on anonymous / pseudonymous petitions/complaints.

The Commission had reviewed the instructions regarding action to be taken on anonymous/ pseudonymous complaints and observed that the enabling provision In the DOPT’s orders No. 321/4/91-AVD.III dated 29.09.1992 had become a convenient loophole for blackmailing and detrimentally affecting the career of public servants whose promotions/career benefits were denied owing to consequent investigation.

Considering all aspects, the Commission by virtue of powers invested under para 3(v) of the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training Resolution No.371/20/99-AVD.III dated 4thApril 1999, had instructed all Govt. Deptts./ Orgns., PSEs and Banks not to take action on anonymous/ pseudonymous complaints. All such complaints are to be filed vide CVC’s instruction No.3(v)/ 99/2 dated 29th June 1999.

2. However, it has come to the notice of the Commission that some Govt.Deptts./Orgns. and, in particular, banks are not complying with the CVC’s instructions and have been taking cognizance/action on anonymous/pseudonymous complaints. Very often, the content of the complaint, described as verifiable, is used as a justification for such action. The instruction of the Commission does not permit this line of action.

3. It is hereby reiterated that, under no circumstance, should any investigation be commenced or action initiated on anonymous/pseudonymous complaints; these should invariably be filed. Any violation of this instruction will be viewed seriously by the Commission.

Please inform categorically that the above CVC guidelines have been adhered to or not at HO and CO Patna level. If yes please furnish the detail. If no, why?, please also furnish the name of officials responsible for violation & What action would be taken against these officials for not adhering to CVC guidelines?
7. The quantum of any loss or damage which has been caused to the Bank either in terms of money or reputation by any act/omission of mine or is there any finding that the applicant had committed any misconduct in discharge of his duties during his entire illustrious & unblemished career of 34 years in Punjab National Bank.

5. WHETHER THE APPLICANT IS BELOW POVERTY LINE: No
6. Brief facts leading to seeking information under RTI Act :
Keeping in view the objective of RTI Act 2005, for promoting transparency and accountability in the working of an organization/ Govt. the above information is required. I confirm that the information are not come under exempted category either under Section 8(1) (e) or (j) of the RTI Act, as these information relate to the affairs of Public Authority and not in relation to any individual in his personal capacity.

7. I assure that I shall not allow/ cause to use/ pass/share/display/ or circulate the
information received in any case and under any circumstances, with any person or in any manner which would be detrimental to the Unity and Sovereignty or against the Interest of India.
8 . Detail of fee paid : Draft for Rs. 10/- in favour of CPIO, PNB, Head Office, New Delhi bearing No. ULA085749 (Br. S.No.0169/2013) dated 10.07.2013 is being enclosed.



Place : Patna
Date : 10.09.2013 Signature of the applicant

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