Sham Sunder vs Punjab National Bank on 10 October, 2023

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Central Information Commission

Sham Sunder vs Punjab National Bank on 10 October, 2023

1. The issue under consideration arising out of the second appeal dated 06.10.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 02.08.2021 and first appeal dated 18.09.2021:-

(i) Vide letter number COB:INSP:SSC DATED 13.06.2011 NOTE FOR EXAMINING VIGIIANCE OVERTONE IN PF NUMBER 30513. IN THE BRIEF SUMMARY IT WAS MENTIONED THAT SHAM SUNDEIR HAVE TAKEN OUT OR ARRANGING OUT THE STAEMENT OF ACCOUNTS OF AIPNBODA. IT WA.S AISO MENTIONED THAT SHAM SUNDER HAS BREACHED THE CONFIDENTIALITY OF CUSTOMER ACCOUNTS.

PROVOIDE GUIDETINES DEPCITTNG THAT BROUGHTING INTO THE NOTICE OF THE ICAI ABOUT THE CONDUCT OF THE CA WHO HAS AUDITED THE ACCOUNT OF ASSOCIATION BY THE MEMBER OF ASSOCIATION BY ATTACHING THE STATEMENT OF ACCOUNT OF Page 1 of 7 THE ASSOCIATION TO WHICH HE WAS MEMBER IS BREACH of THE CONFIDENTIALITY OF CUSTOMER ACCOUNTS.

(ii) My issues raised vide samadan grievance number 2289 & 2290 (PF No 30513) was resolved. Please provide the complete record of implementation process undertaken by the bank till the finally it is implemented.

(iii) Provide the complete record of issues responded by bank in respect of PTS vide letter dated 20.11.2007 (attached) and final action taken by ZO Ludhiana.

(iv) In letter number CO:RTI dated 04.05.2010 of circle office Bhatinda it was mentioned that case of PTS, working in stop gap arrangement, for appointment in respect of BTW Firozepur under thikana system was returned by CO Bhatinda with advise to submit certificate from MC Firozepur as to whether Thikana System was prevalent in the city. Provide the copy of the guidelines depicting there in that for seeking appointment certificate from MC Firozepur, as to whether Thikana System was prevalent in the city, is mandatory. Provide copy of the guidelines on the basis of which PTS was allowed to work in stopgap arrangement.

(v) ln letter number CO:RTI dated 04/05/2010 of circle office Bhatinda it was mentioned that vacancy at RSD College Firozepur extension counter was arisen and PTS on the consolidated wages was engaged and the said sweeper was not in permanent employment. Provide the copy of guidelines under which PTS was appointed on temporary basis on consolidated wages. The said PTS joined the bank service w.e.f. 01.05.2010 (on the basis of recruitment made through advertisement of vacancy. Provide the complete record of recruitment process in which PTS was appointed along with the bank policy of recruitment. As on the date of your letter dated 04.05.2010 you have mentioned PTS as not permanent employee where PTS was permanent w.e.f. 01.05.2010. Provide action taken for providing wrong information under RTI act.

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(vi) Provide copy of guidelines depicting therein the provision bank has circulated that in case services of any employee engaged temporary under stop gap arrangement whose services will be firstly terminated amongst the temporary employee engaged in the same city. Provide copy of guidelines depicting therein the engagement of PTS on contact basis.

(vii) As per the manpower planning policy of the bank vacancy was identified scale wise and posting was also made as per the status of the branch. But now a day's posting was not made as per the status of the branch i.e. in branches to be head by scale II, Scale III is being posted and vice versa. Provide copy of the policy in which authority has been empowered to post scale three officers in branches to be head by scale II and vice versa. Provide copy of policy empowering the authority to transfer officer before the completion of stay. Policy of accommodating officer who has given VRS by placing officer in branches/offices of their choice.

(viii) As per bank policy an officer can avail loan under staff housing for second house up to the amount of limit which has not been exhausted by him/her. In cases wherein staff member & his/her spouse is the employee of our bank, the policy is that Where both the borrowers are our employees and Staff Housing loan is already availed under Staff Housing Loan Scheme in joint names, Loan for 2nd House (either for new acquisition or for takeover of liability from other Bank/FI) will be permitted wherein the new property to be purchased should have the title of the spouse in reverse order/transpose than that of lst loan availed under Staff Housing Loan. The 2nd staff housing loan to such employees can be sanctioned even without adjustment of first STAFF Housing Loan' Separate loans under revised STAFF Housing Loans in the name of the employee and his/her spouse can be permitted for two separate dwelling units individually owned,/ to be owned as per individual eligibility criteria. The loan may be for purposes already mentionable in this circular. But authority I some cases allowed officials to avail limit of both in single house i.e. officer has limit of Rs 55 lacs and in case both are officers then Page 3 of 7 their limit is treated as 1.30 crores and accordingly loan was sanction, but some authority deny on the ground for single house the limit is 65 lacs. Provide the copy of guidelines which has been issues after the above mentioned guidelines to avail facility by totaling the limit of both for a single house. Similar is the position in case of officials who has already availed the facility before the issuance of guidelines permitting facility for second house i.e. some authority allows even the first house was not in joint name and son1e does not allow. Provide the copy of guidelines which has been issues after the above mentioned guidelines to avail facility even if the first house is not in joint name.

(ix) As per the policy i.e. on the date of retirement, over and above the eligible amount of housing loan, depending on applicant's pension and repaying capacity, will be adjusted from his/ her superannuation benefits and remaining outstanding amount will remain under Staff Hous1ng loan scheme up to the extended period after retirement. But here also some authority implement the above guidelines others not. Provide copy of the guidelines in case of change in above said guidelines' Similarly in case of retired officials some authority taken the benefit of concessional interest in perks and some are not, provide the copy of the guidelines depicting there in that perks in respect of concessional loan extended to retired staff is not be taken in account for the purpose of TDS' The benefit of TDS was allowed to staff on perks on the basis of stay by high courts and as per guidelines the record of relief given due to stay to be kept and also mentioned in the form 16. But neither the record is kept nor It was mentioned in the form 16 due to which bank falls to deposit the amount with the Govt. In respect of officers of AIBOA whose case was dismissed. Provide copy of the guidelines depicting there in that no record of relief given due to stay to be kept and also mentioned in the form 16.

(x) ln response to disposal of grievance number deabd/e/2021/34909 I was informed that documents sought has been destroyed as per guidelines.

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Provide the record depicting therein that AOF along with resolution, constitution copy of AIPNBOA, record of transaction in the account ln digital form, vouchers o transaction taken place in the account, account open and close register of SF and the copy of guidelines b provided on the basis of which the record was destroyed.

(xi) FDR in the name of MC Patiala account number *****2563 was cancelled and amount along with interest was remitted to BO Rajpura town ship (D 3541) without the authority o{ the account holder. Please provide the copy of guidelines under which the FDR was cancelled and remitted to BO Rajpura Town (D3541) without authority of the account holder which is breach of trust of the customer.

(xii) BO Rajpura Town (D 3541) opened current account number 2563 and transferred the amount to this account and thereafter issues FDR account number ****5543 without any authority and account opening form. Without any authority the FDR in account number ******6543 cancelled and credited in account number ****1160. Please provide the copy of guidelines under which the account was opened without AOF, FDR issued and cancelled and remitted to BO Model Town Patiala (D 2981) without authority of the account holder breach of trust of the customer. Account number ****1160 debited and transferred to account number ***1609 opened without authority and AOF and other documents required to open account. Please provide the copy of guidelines under which the SF account was opened without authority of the account holder and account opening form which is breach of trust of the customer. While transferring the amount of Rs10382120/- received from BO D3541 an amount of Rs 1521/- also credited in account of MC opened in spite of the facts that her was not entitlement of this amount. Provide the copy of record of action taken on the cheating of Rs 1521/-.

(xiii) Hence provide the guidelines under which you have not provided the record to MC Patiala (as mentioned in the file noting attached).

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2. Succinctly facts of the case are that the appellant filed an application dated 02.08.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Moga, Punjab. The CPIO did not reply to the appellant. Aggrieved by the same, the appellant filed first appeal dated 18.09.2021. The First Appellate Authority (FAA) did not issue any order. Aggrieved by that, the appellant filed second appeal dated 06.10.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 06.10.2021 inter alia on the grounds that no reply was given by the CPIO. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. Perusal of records enclosed along with the second appeal revealed that the CPIO as well as the FAA did not reply within stipulated time limit.

5. The appellant remained absent and on behalf of the respondent Shri Rajiv Sharma, CPIO, Punjab National Bank, Moga, attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that the appellant had filed another second appeal CIC/PNBNK/A/2021/658168 raising identical issues which was heard and disposed of vide order dated 27.12.2022.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the appellant had been inter alia seeking copy of record depicting therein that the issues raised in grievance were examined as per bank systems and procedures and that action was taken on deviation, was not information as defined under Section 2 (f) of the RTI Act. Under the garb of RTI application the appellant could not seek justification of the administrative action on his complaints, grievances. Further, the appellant filed other second appeal CIC/PNBNK/A/2021/658168 raising identical issues which was heard and disposed of vide order dated 27.12.2022. Therefore, the issues already having attained finality and, in the absence of the appellant or any written objections thereof, the averments made by the Page 6 of 7 respondent were taken on record. There appears to be no public interest in further prolonging the matter. Accordingly, the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 10.10.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत ) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

THE CPIO: PUNJAB NATIONAL BANK, 4th Floor Darshan Singh Complex Akalsar Chowk G T Road, Moga - 142001 PUNJAB THE FIRST APPELLATE AUTHORITY PUNJAB NATIONAL BANK, 4th Floor Darshan Singh Complex Akalsar Chowk G T Road, Moga - 142001 PUNJAB SHRI SHAM SUNDER Page 7 of 7

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