“treating rti as a joke and making mockery of rti act, 2005 by cpio/faa of pnb co patna” Shri p. k. jain (pf no. 43455) 03.09.2013 The chief manager (hrd)/cpio Punjab national bank, Circle office, Chanakya towers, r. block, Patna – 800001. Email : p. k. [protected]@pnb.co.in ; [protected]@pnb.co.in Ref: your letter no. nil dated 23.08.2013. Reg: information under right to information act, 2005. Please take reference of your letter dated 23.08.2013 through which you have tried to mislead the issue & intentionally refused to furnish the information sought vide my rti application dated 30.07.2013 by mis-quoting the order of hon’ble cic dated 18.02.2013 (in the matter of second appeal preferred by me due to your very casual & extremely unsatisfactory approach in providing information as cpio on my rti application dated 04.10.2011, seeking information on eleven points).in the above order cic has directed you to enable me to inspect the relevant files alongwith providing photocopies of the pertinent documents within 30 days from the issuance of the order. after receiving the order dated 18.02.2013 from cic, I visited your office on 28.02.2013, 01.03.2013, 05.03.2013 & 13.03.2013 for the purpose but no positive & conclusive response was perceived. when I met you on 01.03.2013 and handed you the list of documents not provided/incompletely provided, you (cpio) has assured and sought a time of 3-4 days for compliance of order of hon’ble ic. on 05.03.2013 your designated officer told me that bank has also received the written order of the cic and since ‘within 30 days period’ is still far away, so bank will call me (the appellant) later on. That upto 13.03.2013 (5 p. m.), no communication has been released from your office either through dispatch, through telephonic/mobile call or through email, calling me for doing needful. Lastly on 16.03.2012 I sent you an email (copy enclosed) at 8.45 am and visited your office at 11 am to get the files inspected and collect the photocopies of the pertinent documents in terms of cic decision no. cic/sm/a/2012/000594/vs/02170 dated 18.02.2013. on my arrival at your office, you told me that you are busy with the visit of one of your eds and instructed your assistant shri gopal krishna manager law (processing officer preparing reply of rti applications at the level of cpio as well as faa) to get some files inspected the same day and remaining on 18.03.2013, despite of knowing the fact that I would be busy with ibps interview board from 18.03.2013 to 26.03.2013. your manager law get one rti file (that too was without page numbering) inspected and provided me the relevant photocopies from that file duly certified by you. when I reiterated that I am not available on 18.03.2013 and will only be available after the conclusion of the interview of ibps mumbai i. e. only after 26.03.2013, you were agreed and told me that you will fix the date and time later on and will communicate the same to me for inspection of remaining files. I failed to receive any of your communication thereafter, it is height that whenever I tried to call you on your personal mobile number, by seeing my number you avoided to respond. even after calling from another number you say hallo and by hearing my voice you disconnected your mobile. From the records collected from you, it is desired to get some vital & important information for which reference was there & to expose the malafide, the information is being sought vide my rti application dated 30.07.2013 which is quite different from the rti application dated 04.10.2011. if you don’t mind please it is your old tactics from the very beginning to deny, divert and intentionally delay in the process of furnishing information, as if, you are afraid of the fact that truth will come into limelight and persons guilty of conspiracy & malafide will be exposed. You have informed under rti that the bank will depanel the advocate and also take action at bar council, when it was asked about the mechanism available in pnb for taking action against bank approved advocates furnishing wrong, malicious and fabricated information to bank. further you have informed under rti itself that no action is taken against shri sanjay kumar your advocate for furnishing malicious, fabricated and wrong information/reporting against me by reporting maliciously my case as money scandal and falsely showing himself as my advocate pleading my case before the court of law. is it proper and justified? is it not double standard? or is it to protect some one? or the reporting obtained from the advocate under coercion to malign me? When you have been asked under rti to please furnish me the information on the complaints made to circle head punjab national bank circle office patna with following details: (i) date of acknowledgement/response of my complaints dated 06.10.2011, 15.12.2011, 02.02.2012, 25.02.2012, 29.02.2012, 04.03.2012, 10.03.2012, 09.05.2012, 20.05.2012, 09.05.2012, 21.06.2012, 18.08.2012 & 16.10.2012. (ii) final response on the above complaints. You replied that your complaint section has informed that they have not received any of my complaints. can I have not a right to know about what happens to my complaints duly receipted at you office? When you have been asked under rti severally to please furnish me the information on the reason about “ under which regulation or act sanctioned amount of my commutation of pension amounting rs. 708792.00 has not yet been paid to me”. all the times you have preferred intentionally not to furnish the information and keep mum. can I have not got a legitimate right to know about the arbitrarily & illegally withholding of my sanctioned amount of commutation of pension amounting rs. 708792.00 without any authority and beyond jurisdiction since 01.10.2011? You are fully aware of the fact that under criminal conspiracy pseudonymous complaint was generated and lodged against me and without identifying the complainants, without verifying own bank records, without hearing the employee, grossly violating the bank & cvc guide lines, falsely and malafidely reporting my case to ho as money scandal and defalcation of money in making payment under loan schemes, instructing ho pf & pension department to withhold my commutation of pension already sanctioned without any authority or jurisdiction under your signature as chief manager, further it was falsely reported to ho that your advocate sanjay kumar is conducting my case before the court of law in the proceeding against me, can I have got no legitimate right to know all the above universally untrue facts & have got no right to expose the culprits? Therefore keeping in view the objective of rti act, 2005, for promoting transparency and accountability in the working of an organization/government, the information is required. you are once again requested to furnish the correct and complete information as requisitioned without further delay. Please acknowledge. With regards. (s. m. masih-ur-rehman) Ex. senior manager, pnb, circle office, patna. Pf no. : 31332 email : [protected]@gmail.com ; [protected]@ymail.com ; Address: chand colony, khagaul road, phulwari sharif, patna - 801505. Mobile no. [protected]. Enclosure : my letter dated 16.03.2013 to cm (hrd)/cpio, co patna and rti application dated 30.07.2013. Copy to : 1. the ch co patna [email : [protected]@pnb.co.in ] /faa under rti act to intervene into the matter and instruct his cm/cpio to furnish the information without any excuse or the worthy ch/faa himself may please provide/furnish the correct and complete information in the matter please. 2. the cvo [email: [protected]@pnb.co.in], eds [email: [protected]@pnb.co.in, [protected]@pnb.co.in, [protected]@pnb.co.in], cmd [email: [protected]@pnb.co.in] punjab national bank, ho: 7, bhikaiji cama place, new delhi for intervening into the matter, for getting the applicant correct & complete information. they are also requested to be aware of the drama staged by the corrupt authorities of co patna and definitely to have a check on them so that in future no dedicated, devoted & honest officer will be targeted, harassed, humiliated & victimized. 3. the chairman, national commission of minorities, 5th. floor, lok nayak bhawan, khan market, new delhi – 110003 for information and necessary action please. [email : [protected]@nic.in ; [protected]@nic.in ] 4. 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 bank officials for intentionally, malafidely & grossly violating the cvc guidelines. [email : [protected]@nic.in ; [protected]@nic.in ; [protected]@nic.in ; [protected]@hub. nic.in ; secy. [protected]@nic.in ] complaint regn. no. 24017/2013/vigilance 3 at cvc, new delhi 5. the chairman, national human rights commission, faridkot house, copernicus marg, new delhi -110001 for information and with request for intervening into the matter to get the applicant justice [email : [protected]@nic.in ; [protected]@nic.in ], in continuation of my complaint registered at regn. no. 3010/4/26/2013 at nhrc, new delhi. 6. shri vijai sharma, information commissioner, central information commission, club building (near post office), old jnu campus, new delhi -110067 [email : [protected]@nic.in ; [protected]@nic.in ; [protected]@nic.in] for information please. (s. m. masih - ur - rehman) Non compliance of order of information commissioner (shri vijai sharma) dated 18.02.2013 till this date. Smm rehman [protected]@gmail.com mar 16 To p. k. jain, jkgupta, bcc: vijai. sharma, bcc: icvsmonitoring, bcc: sharma. vijayk Shri p. k. jain 16.03.2013. doc 29k view download shri p. k. jain 16.03.2013 (8.45 am) the central public information officer / cm, punjab national bank, circle office, chanakyatower, 2nd. floor, r. block, patna – 800001. phone no. [protected], [protected]; mobile no. +[protected]; email : [protected]@pnb.co.in;p. k. [protected]@pnb.co.in Ref: decision no. cic/sm/a/2012/000594/vs/02170 – appeal no. cic/sm/a/2012/ 000594/vs, order of information commissioner (shri vijai sharma) dated 18.02.2013. Reg: non compliance of order of information commissioner (shri vijai sharma) dated 18.02.2013 till this date. Dear sir, It is shocking that despite of your commitment before the hon’ble information commissioner during hearing of 2nd. appeal through video conferencing on 18.02.2013 that you will provide all the information as well as get the appellant inspection of relevant records alongwith providing certified photocopies of the pertinent documents, needful has not yet been done. I visited your office on 28.02.2013, 01.03.2013, 05.03.2013 & 13.03.2013 for the purpose but no positive & conclusive response was perceived. When I met you on 01.03.2013 and handed you the list of documents not provided/incompletely provided, you (cpio) has assured and sought a time of 3-4 days for compliance of order of hon’ble ic. on 05.03.2013 your designated officer told me that bank has also received the written order of the cic and since ‘within 30 days period’ is still far away, so bank will call me (the appellant) later on. That upto 13.03.2013 (5 p. m.), no communication has been released from your office either through dispatch, through telephonic/mobile call or through email, calling me for doing needful. I called on your personal landline phone no. severally and on your mobile no. lastly on 15.03.2013 at 3.47 p. m. but failed to get any response. Sir, since the ordered period of ‘within 30 days’ is going to lapse on 17.03.2013 and thereafter I am also not available from 18.03.2013 upto 26.03.2013, it is requested that the needful be done today itself i. e. on 16.03.2013 for compliance of order in true and honest sense from your part. With regards, Yours sincerely (s. m. m. rehman) Annexure “a” (see rule 3) Format of application for obtaining information under The right to information act 2005 To, the public information officer / cm, punjab national bank, circle office, chanakyatower, 2nd. floor, r. block, patna – 800001. phone no. [protected], [protected] email : [protected]@pnb.co.in Sir, subject: request for information under right to information act 2005. 1. full name of applicant: s. m. masihur rehman (ex. sr. manager) 2. address : chand colony, khagaul road, phulwari sharif, patna – 801505. mobile no. +[protected] email : [protected]@gmail.com : [protected]@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 applicant. 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 information: (a) & (b) (a) : 1. 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 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, for how long did it stay with that official and what did he/she do during that period? (copy of complaint letter dated 18.08.2012 & 16.10.2012 enclosed) 2. according to the rules, my grievances should have been redressed in maximum 3-4 weeks time. however, it is more than one and half 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? 3. what action would be taken against these officials for not doing their work and for causing harassment to the public? by when would that action be taken? 4. by when would I get sanctioned payable amount of my commutation of pension & gratuity along with interest, penalty and compensation? (b) : 1. two complaints dated 08.07.11 & 12.07.2011 of vivek rahi & ilias hussain (ficticious persons) respectively were 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 ch patna? (b) when and under what s. no. the complaints so received from pad ho has been entered in the complaints book of customer care centre looking after the complaints? (c) please inform from which of the complaints or letter of pad ho the agm/ manager (law)/dgm 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? 2. 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. 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? 3. 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. 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? 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: postal order for rs. 10/- in favour of cpio, pnb, circle office, patna bearing no. 1 8f 138769 is being enclosed. Place : patna Date : 30.07.2013 signature of the applicant