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punjab national bank

India,
Bihar

Consumer complaints and reviews about punjab national bank

nitish2an
 
Oct 31, 2014

cash not received from atm

I have an a/c in PNB A/c No 4745000100038857. I tried to withdraw Rs 4500/- by my
ATM in Patna near A N college PNB atm on 21-10-2014 at 1:51 PM. Transaction was done but I have not
received my Cash but I got a Msg that Withdrawal is
Successfully done I have complaint in PNB
Customer care 18001032222 they have given me a
Complaint No: A004022306 & said this will be solved
within 7 Working Days, but when I don't get back my money after 7 days I again call pnb customer care on 30-10-2014. They said your translation was successful and your complaint declined. I request please check this matter and help me.

Nitish Kumar
Contact no. - 8287898462
sanjay8439
 
Oct 17, 2014

Regarding SMS

Dear Sir / Madam,
I am not Consumer of PNB Bank. But always SMS sent by VM-PNBSMS (ACXXXXXXXX00007657) On my Mob no.-
+918409821982. I am maintaly harrasing by you.
Please help me.
Thanks.
Sanjay kumar.
+918409821982
Amardip singh
 
Sep 2, 2014

regarding one chq. used two times by senior manager S.k bali chandan hola branch, delhi

To,
The chairman,
Punjab national bank,
Delhi
Sub:- Regarding the cheque no. 254392 was used by senior manager
Respected sir,
That I am maintaining a cash credit account no. 0265008700007539 with your bank in Khanna (PB.) from last 9years in the name of RAVINDRA AGENCIES.
That I gave my chq no.254392 of ₹75000/- to party of Delhi which also have account with Punjab national bank in chandan hola branch, Delhi in the name of Best bakers pvt ltd. But my account was debited with ₹44000/- against this( chq no.254392) which was of 75000/- on 29/06/2010 due lack of knowledge or irresponsibility of senior manager MR. S.K.BALI. When i complaint to customer care and RBI then after 25 days the 44000/- was credited in my account on 22/07/2010. But the matter was not closed here MR. BALI again used the same chq. in the system which already used and return the cheque to the party with memo "insufficient funds" on 24/07/2010.
How the one cheque used in bank system two times in any bank.According to guidelines of RBI the cheque used once in bank it cannot used again in the system and it is the property of the bank. But your senior branch Mr. S.k Bali broken all rules of RBI and does the magic which was impossible that why he promoted to chief manager. But I am suffering from 4years from court case of "Act 138" and every month I go to Delhi saket court on heavy expenses of lawyers and travelling.
Many times I call and e-mail to your's officers in which the AGM like MR. MAHAJAN,MR.TOTEJA, MR.V.K KHANNA, A.C CHUGH, MR. S.K. MALLICK, MR. GOYAL, MR. SHARMA, MRS SUMITA ROY many from these was retired but not no one solve my problem and every times they said that the chargesheet was filed against Mr. Bali. But now he promoted to chief manager WHY BECAUSE HE MISUSE HIS POWER OR HE IS AN MAGICIAN. But I am still suffering in court case.
Please give me the satisfied answer and documents so I will shows THOSE documents given by U in the court and I can get relief from court case and do my business for my family.
SO PLEASE SIR SOLVE MY PROBLEM AND PUNISH THE MANAGER (MR.S.K BALI).

Regards
Ravindra agencies, khanna
Amardeep Singh
097817-00977
linkfinance
 
May 8, 2014

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gauravchaudhary37
 
Apr 24, 2014

Non Withdrawl Of Money From ATM

Dear Sir,
I am the account holder Sandeep Kumar Singh with A/C No.-6562000100023618. I was withdrawling cash with my PNB ATM card from Union Bank ATM.It was showing that the transaction got completed but machine had not given me the cash. The balance got deducted but cash has not came out of the ATM machine.
I have already complained about it on 22nd march 2014,my complaint no. is 61189479. I was told by your customer care executive that i will get my money i.e Rs.10,000 within next 7 working days. Its now more than 30 days but i didn't get my money back.
Every time they used to suggest us different way to complain. They are just ignoring me. So many times i have called there customer care no.18001802222. But they are not taking action.

Sir please look into the matter seriously and take appropriate action as early as possible. as Rs.10,000 matters alot for me n everyone.

Thank you
Regards,
Sandeep Kumar Singh
mob- 9654191090
s m masihur rehman
 
Nov 7, 2013

Abuse of Authority & Colourable Misuse of Power

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
s m masihur rehman
 
Sep 5, 2013

Refused to reply under RTI

“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.jain@pnb.co.in ; coptn@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 : smmrehman@gmail.com ; smmrehman@ymail.com ;
Address: Chand Colony, Khagaul Road,
Phulwari Sharif, Patna- 801505.
Mobile No. 09431019396.
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 : akdargan@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: 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 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 : whabibullah@nic.in ; ro-ncm@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 : cvc@nic.in ; vigilance@nic.in ; cenvigil@nic.in ; vigilance@hub.nic.in ; secy.cvc@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 : covdnhrc@nic.in ; ionhrc@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 : vijaisharma@nic.in ; icvsmonitoring@nic.in ; sharmavijayk@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 smmrehman@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
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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. 0612-3203429, 0612-2224180; Mobile No. +919771464801;
Email : coptn@pnb.co.in;p.k.jain@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. 0612-3203429, 0612-2224180
Email : coptn@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. +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 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
s m masihur rehman
 
Aug 25, 2013

Illegally Withholding of Terminal Dues

Illegally, malafidely & Whimsically withholding of my sanctioned amount of Commutation of Pension & Gratuity by the authorities of Punjab National Bank Circle Office Patna & PAD HO New Delhi - abuse of authority & colourable misuse of unaccountable power under the worthy chairmanship of Shri K.R.Kamath.


The Chief Manager 24.08.2013
PF & Pension Fund Department,
Punjab National Bank,
Rajendra Bhawan, Rajendra Place,
New Delhi – 110008.
Email : pf@pnb.co.in

Ref: Your letter No.Pension/31332 dated 12.08.2013 & my letter dated 22.08.2013.
Reg: Shri S.M.Masih -ur-Rehman (PF No. 31332) Ex. Senior Manager retired on 30.09.2011.

With reference to your above letter addressed to Chief Manager, Circle Office, Patna (Copy endorsed to me) informing there in :

 “ As per our record, we observe that a criminal case was pending against him before the CLM Court Patna and judicial proceedings were in progress”.

My Submission : “ Sir, your record is untrue, false & baseless. It is to inform & confirm you that no Criminal Case was or is pending against me before CLM/CJM Court Patna and therefore question of judicial proceeding in progress does not arise”.

 “ Terminal dues in terms of Regulation 46 of PNB (Employees’) Pension Regulations, 1995 were settled. Gratuity and Commutation of Pension shall be payable to him on conclusion of the proceedings, subject to conclusion of the proceedings”.

My Submission : “ The Bank is withholding my two terminals arbitrarily & illegally with malafide intention just to harass, humiliate and victimize me under abuse of authority, colourable & unaccountable exercise and misuse of power. The two terminals are :

(1) Gratuity regulated & sanctioned under the Payment of Gratuity Act, 1972 vide CM Circle office Patna Sanction letter dated 30.08.2011 for Rs. 10 lacs. The same was settled and paid by your Department vide letter No. GR/ 9 -31332 / set-1 dated 06.09.2011 in the non customer a/c No. 3771003171160 of CO Patna for onward payment to me on 01.10.2011, which was never paid to me.

(2) The sanctioned amount of my Commutation of Pension sanctioned by CM Circle office Patna vide letter dated 30.08.2011 for Rs. 7,08,792/- which is still not paid to me, under abuse of power without any authority .


- Regarding Gratuity, the Learned Controlling Authority under the Payment of Gratuity Act, 1972 has termed the act of withholding of Gratuity by PNB as illegal and concluded the act of Bank as wrong ab- initio and passed the order for Payment of Gratuity with interest amounting Rs. 11,25,000/- (Gratuity Rs. 10,00,000/- + interest Rs. 1,25,000/-) to me vide order dated 07.01.2013.

[There is nothing on record that any loss or damage has been caused to the Bank either in terms of money or reputation by any act/omission of mine & neither is there any finding that the respondent had committed any misconduct in discharge of his duties during his entire illustrious & unblemished career of 34 years in the Bank. It is height of affairs on the part of PNB that when the State/Bank has not incurred any loss then which of the recovery bank wants from me by invoking Reg. 46 of PNB Pension Regulation ?]

- As far as commutation of pension is concerned you are fully aware of the fact that there is no provision under Regulation 46 of PNB (Employees) Pension Regulations, 1995 for withholding of Commutation of Pension. It has been held by the PNB officials illegally without any authority whimsically, only motive behind is nothing but Vengeance & Victimization.

When I have asked from the Circle Head, Patna; DGM PAD Head Office, New Delhi & even from our worthy CMD through more than a dozen complaints about “ Please let me Know that when there is no provision of withholding of Commutation of Pension under Regulation 46 of PNB (Employees) Pension Regulations, 1995, then why the sanctioned amount of commutation of pension Rs. 7,08,792/- has not been paid to me since 01.10.2011.” You may be ashamed to know that the reply of any of my letters from the above authorities is like Mirage in desert, none of my complaints have even been acknowledged and the authorities are keeping mum on the issue. None of my complaints have neither acknowledged nor replied. Still we are proud of saying that we are having excellent “ Grievance Redressal Policy” for implementation of Code of Bank’s commitments to customers in our esteemed organization, Punjab National Bank.

Even under RTI Act, the CO Patna & HO MARD authorities has evaded and escaped the reply on the above matter, for which Second Appeal with Central Information Commission New Delhi is pending for hearing. For this very illegal & malafide act, the Bank is liable for heavy interest with penalty and compensation in addition to Commutation of Pension & Gratuity – for harassing, victimizing and humiliating & punishing me by the Bank without any irregularity, lapses or faults during my entire illustrious and unblemished career, by falsely reporting my case to HO PAD and further without going through their own records, without hearing me & by grossly violating the PNB and CVC guidelines, the bank took cognizance on pseudonymous complaint lodged by some authorities of CO Patna without identifying and verifying the complainant, with prime motive to tarnish and damage my hard earned life time prestige & to harass and humiliate me and injected me the agony of mental & physical suffering and torture on ongoing basis?

The 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), signed by Chief Manager (Shri P.K.Jain), consented by AGM (Shri A.K.Gupta) & DGM (Shri J.K.Gupta) 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.

The 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, signed by Chief Manager HRD, vexatiously and malafidely consented by AGM (Shri A.K.Gupta) [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. When I requested the authorities [ CM HRD CO Patna; CH CO Patna; FGM Bihar Patna; DGM & GM PAD HO; CMD HO] to get the illegal act corrected & get/instructed to get the Commutation of my sanctioned amount of Commutation of Pension release immediately vide my complaint with regular & protracted follow up dated 06.10.2011, 15.12.2011, 30.01.2012, 02.02.2012, 06.02.2012, 25.02.2012, 29.02.2012, 04.03.2012, 05.03.2012, 10.03.2012, 20.03.2012, 24.04.2012, 09.05.2012, 20.05.2012, 21.06.2012, 09.07.2012, 27.07.2012, 11.08.2012, 03.10.2012, 08.10.2012, 16.10.2012, 10.11.2012, 21.11.2012, 22.11.2012, 24.01.2013, 18.02.2013, 21.05.2013, 26.05.2013, 30.07.2013, 05.08.2013, 08.08.2013 & 22.08.2013 but all efforts gone in vain due to false “ AHANKAR” of the authorities of PNB, with prime motive to harass, humiliate & victimize me. Only through a letter dated 21.12.2012 the CPIO/CM HRD PNB CO Patna (under RTI Act) informed me “ Concerned section has informed that that in terms of HO direction amount was withheld” without furnishing any reason, cause or authority for such action. Since 01.10.2011 I am crying for justice, but the authorities are dam caring my pray & sleeping on the matter. Can I be get justice now & by what time my sanctioned amount of Commutation of Pension & Gratuity will be released ? Can Penalty be imposed upon the concerned corrupt officials for their misdeed ? Can I be compensated for illegal, malafide, arbitrary and unreasonable, utterly discriminating, irresponsible act and behavior of authoritoies punishing me without any irregularity, lapses or fault which ultimately tarnished and damaged my hard earned life time prestige, image, dignity, fame, goodwill, respectability, reputation in the Bank, Society and even in the Family and injected me the agony of mental & physical suffering and torture on ongoing basis since 01.10.2011 ?


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.
In addition to legal remedy, departmental action should be taken against them in addition to prosecution.
Can our worthy CVO, EDs or CMD take action against Bank Advocate, Manager Law, Sr. Manager HRD, CM HRD, AGM & DGM of CO Patna during the relevant period, for their malicious & Vexatious acts? “


(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 and for taking action against the bank officials for intentionally, malafidely & grossly violating 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.[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 bank for intentionally, malafidely & grossly violating the CVC guidelines . [Email : cvc@nic.in ]
4. The Chairman, National Human Rights Commission, New Delhi for intervening into the matter and for getting the applicant JUSTICE. [Email : covdnhrc@nic.in ; ionhrc@nic.in ]
5. The Secretary, Directorate of Public Grievances, Cabinet Secretariat, 2nd Floor, Sardar Patel Bhawan, Sansad Marg,
New Delhi-110001 [E-mail address: secypg@nic.in] for intervening into the matter and for getting the applicant JUSTICE.
6. The Deputy Secretary {Shri M. P. Sajeevan - looking after Public Sector Banks}, Directorate of Public Grievances, Cabinet Secretariat, 2nd Floor, Sardar Patel Bhawan, Sansad Marg, New Delhi-110001 [E-mail address: sajee-mp@nic.in] for intervening into the matter and for getting the applicant JUSTICE.
7. The Chairman {Shri A.C.Mahajan}, The Banking Codes and standards Board of India, Reserve Bank of India Building, C-7, 4 th Floor, Bandra Kurla Complex, Mumbai - 400 051. for intervening into the matter and for getting the applicant JUSTICE.
8. The Joint Secretary, Department of Financial Services [Shri Dr Achintan Bhatacharya - Banking Division, Email : jsda-dfs@nic.in]; [Shri Alok Nigam - Banking & Insurance Divisions, Email : a.nigam@nic.in], 3rd Floor, Jeevan Deep Building, Sansad Marg New Delhi - 110 001 , for intervening into the matter and for getting the applicant JUSTICE.


( S.M.Masih -ur- Rehman)
SIGNATURE OF COMPLAINANT





[ “Power may makes an official corrupt & absolute power makes him corrupt absolutely” ]



[ “ Honesty may be harassed, humiliated & victimized but never defeated” ]
s m masihur rehman
 
Aug 18, 2013

Abuse of authority. Colourable exercise & misuse of Power

COMPLAINT With CMD Punjab National Bank Dated : 08.08.2013

To: Shri K R Kamath
Chairman cum Managing Director,
Punjab National Bank,
7, Bhikhaiji Cama Place, New Delhi
Email : cmd@pnb.co.in

1. NAME OF THE COMPLAINANT : S.M.Masih-ur-Rehman

2. FULL ADDRESS OF THE COMPLAINANT:
(Ex. Senior Manager, Punjab National Bank)
Chand Colony, Khagaul Road, Phulwari Sharif,
Patna – 801505.
Mobile No. +919431019396
Email : smmrehman@gmail.com
: smmrehman@ymail.com
PF No.: 31332

3. COMPLAINT AGAINST (NAME AND FULL ADDRESS OF THE DIV./CO/BRANCH): Authorities of PUNJAB NATIONAL BANK, Circle Office Patna & PAD HO New Delhi

4. BRIEF DESCRIPTION OF THE COMPLAINT:

This case demonstrate the grim determination of the authorities of Punjab National Bank to compel an employee, who after 34 years of service, retired without there being any disciplinary proceedings initiated against him before or after his retirement, to face the agony of vengeance & victimization by withholding the sanctioned amount of Gratuity (sanctioned under payment of Gratuity Act, 1972) by illegally & malafidely invoking Regulation 46 of PNB Employees’ Pension Regulation, 1995 and further withholding his sanctioned amount of commutation of Pension (amounting Rs. 7,08,792.00) without any authority on the date of his retirement i.e. on 30.09.2011 without hearing him or providing/furnishing any details. The marriage of his daughter which was fixed and settled to be solemnized in November 2011 could not be held due the only fact that the retirement benefits had not been paid to him. 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 would be apparent from the records. The manner in which the Circle Head Patna, got a Pseudonymous complaint received, taken action on it (without going through their own records) without identifying the complainant, without hearing the employee and further grossly violating the basic CVC and Bank guidelines and to the height by falsely and malafidely reporting the employee’s case to PAD HO as Money Scandal and defalcation of money in making payment under IRDP loan Schemes to beneficiaries [whereas the fact is that the employee (my) name was falsely dragged and implicated in Punpun PS Case No. 40 of 1990 (State Vs P.N.Singh) by the police while submitting the final form on 31.07.1998] is nothing but a colourable exercise and misuse of power by the PNB CO Patna management. That only allegation leveled against me by the police in the instant case is that as a manager of Paying Bank (PNB Pothahi branch), I ordered for payment of two genuine Bank Drafts of very meager amount admittedly less than Rs. 8000/-.

Can hon’ble PNB higher authorities will take stern action against their officials for their corrupt malafide practices & wicked acts ?

That on the other hand Bank after getting the whole affairs thoroughly investigated and examined by the competent higher authorities of the bank exonerated me vide order dated 10.12.1991, as there is nothing on record that any loss or damage has been caused to the Bank either in terms of money or reputation by any act/omission of mine & neither is there finding that the respondent had committed any misconduct in discharge of his duties. 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. [ It is height of affairs on the part of PNB that when the State/Bank has not incurred any loss then which of the recovery bank wants from me by invoking Reg. 46 of PNB Pension Regulation ?].

That it is very pertinent to mention here that the relevancy to the said Punpun P.S. Case No. 40/90 dated 25.04.1990 was in sanction and disbursement of loan by PNB Punpun branch. In that case I was not named accused rather at a belated stage the police illegally, malafidely & maliciously dragged my name without any cogent evidence, illegality and any substance in the final form submitted by them on 31.07.1998. The BO: PNB Punpun has prepared and issued two drafts of meager amount, which has be presented and encashed at PNB Pothahi (my branch) by following the system, procedures and guidelines of the bank and in that case neither from my side nor from my branch side, any illegality or irregularity was committed in honouring the said genuine drafts. Even then my name has been included wrongly and illegally by the police for reason best known to them, and in the instant case charge has not been framed till date (i.e. in 24 years).

That absolutely no allegation leveled against me either of serious crime/grave misconduct /fraud/criminal breaches of trust or forgery. After institution of the aforesaid Punpun P.S. Case No. 40/90 dated 25.04.1990, 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 the respondent, and accordingly the Disciplinary Authority of Punjab National Bank after applying his judicial mind has decided that further action against the respondent (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”.

That no Show Cause, no Explanation, no Adverse Remarks have ever been called upon me in my entire illustrious and unblemished career of 34 years in Punjab National Bank. No departmental proceeding are neither initiated/ started in the entire service period nor pending at the time of my retirement on attaining the age of superannuation.

The Learned Controlling Authority under the Payment of Gratuity Act, 1972 has also concluded the act of Bank as wrong ab initio and passed the order for payment of gratuity with interest to me in case No. 48/1 (09)/2012/ALC-1 vide order dated 07.01.2013.
Now the said Punpun PS Case No. 40 of 1990 (State Vs P.N.Singh) against me in which my name was belatedly & falsely dragged and implicated by the police while submitting the final form on 31.07.1998 has since been quashed by His Lordship the Hon’ble Patna High Court vide their order dated 17.05.2013 and I have been discharged from the liability leveled against me in the said Punpun PS Case No. 40 of 1990.

5. Relief Sought: I have not yet received the overdue payable terminals already sanctioned even after the order of the Learned Controlling Authority dated 07.01.2013 & recently by his Lordship the Hon’ble Patna High Court dated 17.05.2013. Can the silence on the part of PNB management be treated as denial of Justice? By when would I get my sanctioned payable amount of commutation of pension (Rs. 7,08,792.00) & gratuity (Rs. 10,00,000.00) with interest @10% till the date of payment of gratuity along with penalty @ 18% p.a. and compensation of Rs. 10 lacs for punishing me by the Bank without any irregularity, lapses or faults during my entire illustrious and unblemished career, by falsely reporting my case to HO PAD and further without going through their own records, the bank has tarnished and damaged my hard earned life time prestige, image, dignity, fame, goodwill, respectability, reputation in the Bank, society and even in the family and injected me the agony of mental & physical suffering and torture on ongoing basis? Can I be in a position to get my daughter married this time also which has been fixed for 20.09.2013?

( S.M.Masih -ur- Rehman)
SIGNATURE OF COMPLAINANT

Copy to :
1. 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.[Email : ro-ncm@nic.in ]
2. 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 for intentionally, malafidely & grossly violating the CVC guidelines . [Email : cvc@nic.in ]
3. The Chairman, National Human Rights Commission, New Delhi for intervening into the matter and for getting the applicant JUSTICE. [Email : covdnhrc@nic.in ; ionhrc@nic.in ]


( S.M.Masih -ur- Rehman)
SIGNATURE OF COMPLAINANT

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


Shri A.K.Dargan 21.05.2013
Circle Head (DGM),
Punjab National Bank,
Circle Office, Chanakya Towers,
R.Block, Patna-800001.
Email: copta@pnb.co.in

Ref : My letter 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.
Reg: Invocation of Regulation 46 of PNB (Employees) Pension Regulation, 1995 against me on the date of my retirement on attaining the age of superannuation – arbitrary, unreasonable and utterly discriminating order of the authorities of Punjab National Bank.

Sir,

It is to state that Shri J.K.Gupta , the then Circle Head, Punjab National Bank, Circle Office, Patna has invoked Regulation 46 of PNB (Employees) Pension Regulations, 1995 vide letter No. HRD: MR: RET dated 30.09.2011 on the date of my retirement on attaining the age of superannuation without furnishing any detail.

The letter says : “ On attaining the age of superannuation on 30.09.2011 you are hereby relieved today from the bank service. Your retirement dues have been settled as per the Regulation 46 of PNB (Employees) Pension Regulation, 1995.”

No clear, rather misleading information has always been provided by the CPIO/FAA of PNB Circle Office, Patna & PNB HO: New Delhi; CO Patna and PAD HO New Delhi. I was astonished when I have not been paid the Sanctioned amount of Commutation of Pension and amount of Gratuity sanctioned under the Payment of Gratuity Act, 1972 duly received by Circle Office Patna for onward payment to me on the basis of facts that the Regulation 46 of PNB (Employees’) Pension Regulations, 1995 was not having any effect on these two terminals. Aggrieved with this apartheid approach of PNB management I have been Compelled to lodge Complaints (with their protracted follow up) with the authorities like Circle Head, Punjab National Bank, Circle Office, Patna; GM HRD/PAD, Punjab National Bank, Head Office, New Delhi & CMD, Punjab National Bank, Head Office New Delhi to Know how these two terminals had not been released/paid to me, but all efforts gone in vain without bearing any fruits. None of my complaints have either been acknowledged or replied. Still we are proud of saying that we are having “ Grievance Redressal Policy” for implementation of Code of Bank’s commitments to customers in our esteemed organization, Punjab National Bank.

Under RTI Act only I have in receipt of your letter HRD:MISC dated: 23.05.2012 send to the Dy.General Manager HO: PAD New Delhi (from the CPIO Patna), from which it has been confirmed that bank is illegally withholding my above two terminals without any justification.

Sir, the letter signed by CH says:

“ [ Shri Rehman was retired from the bank service on 30.09.2011 and in terms of HO letter PAD:MR: 31332 dated 17.09.11 terminal dues of Shri Rehman was settled as under:

In terms of Regulation 46 of PNB (Employees) Pension Regulations, 1995 “ an employee who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued, a provision pension, equal to the maximum pension which would have been admissible to him would be allowed subject to adjustment against final retirement benefits sanctioned to him, upon conclusion of the proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional or the pension is reduced or withheld etc either permanently or for a specific period”.

In view of the above gratuity amount has not been paid to Shri Rehman and he is getting provisional pension equal to maximum pension but without any commutation.] ” (Is Reg. 46 of PNB Pension Regulation has been amended by CH Patna by including the word “ but without any commutation”?)

Sir,

under Payment of Gratuity Act 1972, the employer has not been enshrined any power for withholding the Gratuity rather there is provision of punishment to employer for non payment of Gratuity under section 9(2) & 9(2)proviso of PGA 1972.

Furthermore, there is no provision under Regulation 46 of PNB (Employees) Pension Regulations, 1995 for withholding of Commutation of Pension.

Sir, as an educated and senior officer/authority of Punjab National Bank can you agree with the following prepositions:

(1) A person has been awarded minor penalty by the Disciplinary Authority [say under regulation 4(a)] of Punjab National Bank Officer Employees’ (Discipline & Appeal) Regulations, 1997. Can he be malafidely punished under regulation 4(g) of Punjab National Bank Officer Employees’ (Discipline & Appeal) Regulations, 1997 also OR under any other Regulation OR under any other Act ?
(2) A person has been Sanctioned Gratuity under the Payment 0f Gratuity Act, 1972. Can his Gratuity be withheld by invoking provision of some other Regulation ?
(It is well established fact that in view of overriding provisions contained in section 14 of the Payment of Gratuity Act 1972, the provision of gratuity under pension rules will have no effect).
(3) A person against whom bank has settled his terminal dues by invoking Provisions of Regulation 46 of PNB (Employees) Pension Regulations, 1995 [although illegally, arbitrarily, with malafide intention] on the date of his retirement. Can his Commutation of Pension be withheld by invoking provision of some other regulation after his retirement ?

Sir, the reply must be a big “no”.

Sir, I am crying for justice since 01.10.2011 but the same has not meets the end of justice. My case depicts a sorry state of affairs. PNB functionaries having statutory powers blatantly abused to the detriment to the rights of the employee. The attitude seems to be that the authority can abuse power with no answerability having sole motive of victimizing the employee.

Sir, I am furnishing the History of the Case in brief for your judicious consideration to override the misleading information provided by your team:

 A complaint was lodged by one Shri Doman Das and 10 other borrowers against Shri P.N.Singh, the then Manager PNB Punpun (Dist.No. 2909) [Presently DGM ZAO Kolkata] alleging some irregularity in the disbursement of IRDP loan with Police station Punpun on 25.04.1990 and accordingly FIR was lodged against Shri P.N.Singh and one Shri B.Singh alleged to be his middleman on 25.04.1990 by Punpun Police Vide P.S.Case No. Punpun- 40/1990 (State Vs P.N.Singh). [Copy of complaint & FIR already enclosed with my letter dated 16.10.2012].

 At that time I was posted as Branch Manager PNB Pothahi (Dist. No. 2947).

 A few drafts have been issued by BO: Punpun and were payable and paid at BO: Pothahi.

 The bank has got thoroughly investigated the whole affairs by deputing two senior officers – one from HO and another from ZO Patna in the year 1991. One was some Vigilance Inspector from HO and another was Shri P.N.Prasad, the then senior Inspector. After submission of their report, bank has found 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 mind has decided that further action against me in that matter by the bank is unwanted and is not called for, and subsequently dropping the SSC against me in the year 1991 itself. However in case of Shri P.N.Singh it was instructed to “keep staff side against Sri P.N.Singh in abeyance till the case is pending in the court is decided”. Communication to this effect was sent by the Zonal Manager Zonal Office Patna to Regional Manager Regional Office Patna “A” vide ZO letter dated 12.10.1991. (may be verified from bank records at CO & HO) [ A reference letter dt. 08.05.2000 already enclosed with my letter dated 16.10.2012]
 In the final form submitted by the Police on 31.07.1998, my name was dragged into the case maliciously without any substance. The Police say that I was not to order for payment of two drafts on 27.03.1990 issued by BO: Punpun and payable at BO: Pothahi as a paying banker.

 Both the drafts in question were genuine and paid as per system & procedure of the bank.

 That on the other hand Bank after getting the whole affairs thoroughly investigated and examined by the competent higher authorities of the bank exonerated me vide order dated 10.12.1991, as there is nothing on record that any loss or damage has been caused to the Bank either in terms of money or reputation by any act/omission of mine & neither is there finding that the respondent had committed any misconduct in discharge of his duties. 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. [It is height of affairs on the part of PNB that when the State/Bank has not incurred any loss then which of the recovery bank wants from me by invoking Reg. 46 of PNB Pension Regulation ?].


 When my promotion to MMG III was due in 2000, a pseudonymous complain was lodged with ZO Patna against me in the said case. The then Zonal Manager ZO Patna (despite of the reply of then SRM Shri B.C.Nigam that Staff Side Decision has already been taken in the matter by the competent authority, and the order stands communicated to RMO vide ZO letter dated 12.10.1991 enclosing the copy of the order) instructed SRM Patna”A” to get a fresh investigation by some senior official especially to investigate again that the draft relating to 02 loan accounts in question for which Police has made accused Sh.S.S.M.Rahman were genuine and payment of the same has been made as per system and procedure of the bank. Accordingly LDM Patna was deputed to investigate the matter. Again authorities has come to the conclusion that both the drafts were genuine, their payments were made strictly in accordance with system and procedures of the Bank & found no mistake or irregularity in the payment of the drafts by the paying banker of which I was the Incumbent Incharge at the relevant period and accordingly file was closed at HO and I was promoted to MMG Scale III. (may be verified from bank records at CO & HO ; copy of letter dt. 10.10.2000 & 17.10.2000 in support has already enclosed with my letter dated 16.10.2012)

 Again in the year 2004, a pseudonymous complaint was lodged by some fictitious person in the name of Shri Lal Mohan Yadav, leader Rastrya Janta Dal (non existent person) against some officials including me & Sri N.K.Niranwal, the then SRM Patna “A” (Presently GM PAD HO). The matter was got investigated by IZO Patna through Vigilance Officer, in which no truth was found and there after file was closed by HO (may be verified from bank records at CO & HO as well as from Sri Niranwal presently GM HO himself).

 Further on my retirement on attaining the age of superannuation, it is smelt that some people of vested interest from the available records of Circle Office Patna hatched a criminal conspiracy, and accordingly pseudonymous complaint was generated and lodged through email on the email id of jkgupta@pnb.co.in;akgupta@pnb.co.in; v.srinivasan@pnb.co.in; cmd@pnb.co.in; ed2@pnb.co.in; vigilance@pnb.co.in; copta@pnb.co.in; coptn@pnb.co.in and the authorities without verifying the genuineness of the complaint/identity of the complainant came into quick, swift and rapid action. They have taken the decision of invocation of Regulation 46 of PNB (Employees) Pension Regulation, 1995 against me on the date of my retirement on attaining the age of superannuation which is arbitrary and unreasonable, utterly discriminating and irresponsible conduct & behavior. The hurried and secret action of authorities without going through their own records, without giving me an opportunity to be heard and the action violating the basic CVC and bank guidelines (CVC & Bank guidelines already enclosed with my letter dated 16.10.2012) is not to be said as honest & bonafide act, as it “want of good faith”, clearly reflecting victimization, completely violating the principles / law of natural justice having basic error. The role of Manager-Law, Bank’s lawyer &……… seems to be dubious on the basis of following malicious and misleading informations submitted to HO by the Circle office Patna:

1. The bank advocate’s (dictated report) reporting my case as “Money Scandle” in his inspection report.
2. The bank’s advocate in his inspection report falsely stated that he has pleading my case before the court of law whereas the fact is that I do not know him and never hired his services.
3. The Chief Manager Circle Office Patna without verifying the facts, send the opinion of advocate along with his own false, fabricated and misleading observation that allegation against me is defalcation of money while making payment under IRDP Scheme to beneficiary) vide his letter dated 16.08.2011 to HO.
Can the hon’ble PNB authorities will take action against the officials for their such malafide, corrupt practices & their wicked acts ?

Sir, when I have sought information from CPIO (CM)/FAA (CH) Circle Office Patna, CPIO (DGM MARD)/FAA (GM MARD) HO: New Delhi & DGM/GM PAD HO that why Regulation 46 of PNB (Employees) Pension Regulation, 1995 has been invoked against me, you must be ashamed by hearing their altogether 05 false & misleading replies that” Criminal case is pending against me before the CJM court Patna and judicial proceedings are in progress”.

Sir, it is to bring to your kind notice that no criminal case was or is pending in the CJM court Patna against me. In the instant Punpun PS case No. 40/90 State Vs P.N.Singh and others ( not State Vs S.M.M.Rehman & others as reported by you to HO ) pending against others including me, the charge was not framed in the last 23 years . Can it be safely said that judicial proceedings are in progress ?

Sir, I have already enclosed the copy of bail granted to me in the instant case by the honb’le Court of Law vide my letter dated 16.10.2012, which will definitely open the eyes of PNB management that allegation against me is whether Money Scandal and defalcation of money in sanction/disbursement of loan or it is merely payment of two genuine drafts of meager amounts as paying banker.

Now the said Punpun PS Case No. 40 of 1990 (State Vs P.N.Singh) against me in which my name was belatedly & falsely dragged and implicated by the police while submitting the final form on 31.07.1998 has since been quashed by His Lordship the Hon’ble Patna High Court vide their order dated 17.05.2013 and I have been discharged from the liability leveled against me in the said Punpun PS Case No. 40 of 1990.
(The above order of Hon’ble Patna High Court is with the CH Patna, PAD HO and our worthy CMD too).
Even before the above judgement dated 17.05.2013, I have already provided you sir with the judgments of honb’le Patna High Court and different other honb’le courts including Supreme Court of India earlier on payment of Gratuity under the Payment of Gratuity Act, 1972 on 20.05.2012 followed by my letters dt. 21.06.2012, 18.08.2012 & 16.10.2012, but still my terminals are not released.

Sir, the silence on the part of PNB management even after the judgement of His Lordship the Hon’ble Patna High Court vide their order dated 17.05.2013 can be treated as denial of Justice ?

Keeping in view of above facts it is therefore once again requested that your honourable good self will look into the matter personally from your own desk for meeting the end of Justice without further delay as there must be some limit for harassment, humiliation and victimization.

With regards,

Yours Faithfully


(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: Shri K.R.Kamath CMD Punjab National Bank to look into the matter judiciously on the following facts please:
Sir,
(1) There is no provision in Regulation 46 of PNB Employees’ Pension Regulation, 1995 for withholding of Commutation of Pension and this fact has been again & again brought before the CH (Patna Circle), GM (PAD HO), your honourable goodself but it is rigidly, arbitrarily & illegally not released even after > 22 months of my retirement.
(2) There is no provision in law to withhold Gratuity of an employee by any employer when the Gratuity has been sanctioned under Payment of Gratuity Act, 1972. Under this Act there is provision of Forfeiture of Gratuity under Section 4(6) only.
The provision of withholding of Gratuity in Regulation 46 of PNB Employees’ Pension Regulation, 1995 is applicable only for those Gratuity which was sanctioned under Regulation i.e. under Regulation 46 of PNB (Officers’) Service Regulations, 1979.
(3) The said Punpun PS Case No. 40 of 1990 (State Vs P.N.Singh) against me in which my name was belatedly & falsely dragged and implicated by the police while submitting the final form on 31.07.1998 has since been quashed by His Lordship the Hon’ble Patna High Court vide their order dated 17.05.2013 and I have been discharged from the liability leveled against me in the said Punpun PS Case No. 40 of 1990. Now the bank has no option & fake excuse for still withholding the terminals.
I am sure that the CH Patna Circle must have realized their mistake by now and must have recommended my case (representation dated 21.05.2013 duly receipted by him) to you for justice.

It is earnestly requested that my this representation may please be acknowledged and grievances be redressed without further delay please.

(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.
Place : Patna
Dated: 26.05.2013


“ Honesty may be harassed, humiliated & victimized but never defeated”.
sandhusonly
 
Aug 9, 2013

non co operative bank staff

SIR
I am a retired serviceman suffering from paralyses for last three years.I have only two daughters who are studying in KHALSA COLLEGE AMRITSAR
On 29 jul my young daughters opened their saving accounts in PUNJAB NATIONAL BANK, KOT KHALSA BRANCH ,AMRITSAR, which is near to their college,The bank staff told to collect the pass books after four days .
Again when they went to bank leaving their studies at college on the said day the same was the reply .It is continuing till date .
This is my humble request to you to look into this matter.My daughters names are---
DILTAJ SANDHU and DILSHAD SANDHU

I request you to instruct the bank staff to treat my daughters ably so that it donot hamper their
studies

Ranbir Singh Sandhu
vsinghknl
 
May 30, 2013

Harrasment

श्रीमान जी,

विषय:- बैंक कैशियर विनोद कुमार द्वारा बदसलूकी किए जाने बारे।

पिछले लगभग 15-16 वर्षो से आपके बैंक में मेरा बचत खाता चल रहा है। मेरा खाता नंबर 3162000100073838 तथा कस्टमर नंबर 465063546 है। दिनांक 26-5-2013 को मैं पंजाब नेशनल बैंक, शामगढ़, करनाल ब्रांच में पैसे निकलवाने गया था। इस दौरान बैंक के कैशियर विनोद कुमार ने मेरे साथ बदसलूकी की। मैंने उनसे सिर्फ ये प्रार्थना की थी कि मुङो पैसे लेकर बाहर जाना है इसलिए मुङो 500-500 के नोट भुगतान किए जाएं। इस पर वह मुङो उल्टा-सीधा बोलने लगे और वहां मौजूद बैंक खाताधारकों के सामने मेरी बेइज्जती की। उन्होंने मुझसे यह भी कहा कि अगर मेरी शिकायत कहीं भी करनी हो तो कर देना और मेरा नाम विनोद कुमार है यह भी बता देना। इस पर मैंने उनकी शिकायत बैंक के ब्रांच मैनेजर से की और मैनेजर ने कैशियर के खिलाफ कोई कार्रवाई नहीं की और मुझसे कहने लगे कि कैशियर पागल है, क्यों तुम उससे उलझ रहे हो।
श्रीमान जी, अगर बैंक में कार्यरत कैशियर पागल है तो उसे नौकरी पर क्यों रखा गया है। उसके खिलाफ उचित कार्रवाई अमल में लाई जाए।

विक्रम
खाता नंबर 3162000100073838
कस्टमर नंबर 465063546
दिनांक :-30-5-2013
मोबाईल नंबर- 8950258367, 9253243420
skyexskyex@ymail.com
 
May 9, 2013

STAFF SIDE MATTER NOT INACTION ABOUT IT

Shri K.R.Kamath
CMD,
Punjab National Bank,
HO: New Delhi

His Excellency, I am Ex-Staff of PNB, Surendranagar Branch. I was Compulsorily Retired by PNB Management in 2008, but no SERVICE CERTIFICATE is sent to me till date. I wrote innumerable E-Mails to various Authorities for Dismissing Mr. Rajesh H. Shah , Officer, JMG-Scale-1 , presently at Ahmedabad probably. I herewith, give you all Mails sent to various Authorities Complaining various matters, but inaction on the Part of PNB Management till Date :

The Most Respectable, The Most Hon'ble His Excellency Shri Pradeepkumar Sir-Chief Vigilance Commissioner Sir, DGM, Vigilance Team, Punjab National Bank, HO, New Delhi - Your Excellency is kindly requested to start Vigilence Enquiry on some Punjab National Bank Responsible Officers-As I have sent E-Mails, but nothing doing - NO REPLY TO COMPLAINANT
________________________________________
HARESHKUMAR SHRIMALI < contactmehjs@gmail.com> Fri, Apr 12, 2013 at 7:53 PM
To: cvc@nic.in, vigilance@pnb.co.in, coahm <coahm@pnb.co.in>
Cc: HARESHKUMAR SHRIMALI <contactmehjs@gmail.com>, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
The Most Highly Respectable & Most Hon'ble Chief Vigilance Commissioner Sir Shri Pradeep Kumarji, Date : 12-04-2013

I had sent so many E-Mail Complaints at various level Punjab National Bank High Level Management & some mails to Hon'ble RTI Activists of India on various days, but I only received two-liner CC
by Mail ID of Punjab National Bank i.e. from complaint@pnb.co.in only.

Which is on Mon, Mar 11, 2013 at 11:50 AM like :
For necessary take up of staffmatter

Regards.....
Manager,
Customer Care Division
H.O. 5,Sansad Marg
New Delhi 110001

BRANCHES should send their reply through circle office
this is a CC to me & was originally sent at following E-Mail IDs by complaint@pnb.co.in to SURENDRANAGAR <bo0440@pnb.co.in>,
"CO:Ahmedabad" <coahm@pnb.co.in>,
HRD <hrd@pnb.co.in>
in response to my E-Mail sent on Sat, Mar 9, 2013 at 8:12 PM for Subject : Collection of all Details & Documents for Ex-PNB Clerk-cum-Cashier- Compulsorily Retired from PNB, Surendranagar Branch in 2008 ,
this E-Mail was sent by me on Sat, Mar 9, 2013 at 8:12 PM to complaint@pnb.co.in
Respected & The Most Hon'ble Sirs, my E-Mail Details which was sent on Sat, Mar 9, 2013 at 8:12 PM are as under :
Dear Sir/Madam, Date : 09-03-2013

With Due Respect, I , Mr. Hareshkumar Jagjivan Shrimali ,was a Clerk-cum-Casher in your Surendranagar Branch. Since 1984 to 2008. I was Compulsorily Retired under charge " Moral Turpitude "from Bank Service after two inquiries in 2008.

The Fact is I was convicted for 4 years & 2 years for IPC Sections 306 & 498-A to go concurrently respectively, as my wife had committed suicide in Dec-1996. A Criminal Case was registered by my Elder Brother-in-law at Limbdi Police Station. And after a lapse of some 9 years , I was convicted as above. I filed Criminal Appeal against my conviction at Gujarat High Court & it is admitted . It's still pending.

All of a sudden, after getting regular Bail from Gujarat High Court, An inquiry was ordered after 8-9 months regular service at Surendranagar Branch ( Gujarat ) & in that inquiry, Decision was taken to continue my Bank Service till Final Judgment of Gujarat High Court.

To my surprise, this inquiry was reopened on the same ground without giving any valid reason/s after serving more 3-4 months at the same Branch.
And in this reopened inquiry, a decision was taken to Compulsorily Retire me & that was done.

I alongwith my Defence Representative filed an Appeal at Appellate Authority, DGM, HR, HO, New Delhi. As per Bi-partite Settlement ( at that time ) Rules, Appelate Authority neither called me for Personal Hearing nor took any final Decision in spite of our Regular Reminders. After 4-5 months, this final decision was taken by Appellate Authority & upheld decission of Regional Manager, Rajkot.

By this Complaint, rather earnest request , I would like to know whether any person had called any higher authority/ies or/and wrote letters to any Higher Authority/ies to initiate First & Reopened second Inquiry with Names of persons/lawyers , PNB Authoritocuments ies' Name, Designation/s & All Documents ( From Bank to Lower management, Higher Authority/ies to lower Authority/ies , answers, All E-Mail Details with dates, dulya certified by Competent Authorites.

How a Final Decision was taken to continue my service as it was till Final Disposal of Gujarat High Court, a new reopened Inquiry was initiated & we appealled against Decission to Appellate Authority, without answering my Defence Representative , Final Decission for uphelding RM's ORDER of Compulsory Retirement on the grounds of Moral Turpitude & without calling me for a Personal Hearing in writing, Appellate Authority had upheld RM's ORDER throwing away Bi-Partite Settlement Rules for Workmen ?

Kindly I urge upon you with my both hands folded , give me Dates, Documents, authorities Names with Designation, All Correspondance Attested With Bank's Seal & Signatures , All E-Mails. All letters , phone call details with from-to Phone Numbers with dates & exact time with call Durations. If this mail doesn't fall under your jurisdiction, kindly forward to the relevent Authority under CC to me at this E-Mail ID : contactmehjs@gmail.com .

I urge to send me Each & Every Minute Details within a month from date of this E-Mail , during which any correspondance is held copy to me at this E-Mail ID : contactmehjs@gmail.com & if hard copies, on the following Residential Address of mine :

Mr. Hareshkumar Shrimali,
Flat No.1, Krupakant Appartments Part-1,
Bhaikakanagar, Near Zaveri bunglows,
Thaltej Cross Roads,
Ahmedabad- 380059
( Gujarat )
( India )

P.S. : I state that this is my E-Mail ID & I am the Real Person & not a fake person. If a written reply is not received from a competent authority , this complaint/request will be transferred to all higher authorities, RBI Dealing Heads, CVC & other Central Govt. Authorites , presuming that you have accepted everything in this e-Mail . It's an earnest & most polite request .Don't take it otherwise.
Ahmedabad- 380059
Mo. No. +91-8530155400

After NO REPLY , I sent another E-Mail to complaint <complaint@pnb.co.in> on Tue, Mar 12, 2013 at 1:32 PM for Subject : Re : ATR of my Earlier E-Mail Dtd. 09--3-2013
which is as under :
Resp. & The Most Hon'ble Sir/Madam, Date : 12-03-2013

Reg : ATR of my Compulsory Retirement from Bank's Service.

Dear Sir, Nothing has been done in this matter till date . If possible , kindly send me E-Mail IDs of
all Dept., Division Head's including CMD's E-Mail IDs . Plz include all documents, letters written by my in-laws, their lawyer/s, any other third party & All all all correspondence between our Bank's internal correspondence & Call Details, Call Numbers, Call Durations, Mobile Nos. if any, If Mobile Call than Service Provider at that time of their Mobile/Cell Phones.

Sir, why I'm demanding All all minutest Details, b,coz Appellate Authority has not done According to BPS Rules prevailing at that time & thrown away my case & me by taking Laws in his/their hands.

I was not given Personal Hearing inspite of the Fact that he/she MUST have called me for Personal Hearing & thereafter he/she should have taken ultimate Decission within Time-frame. Not Calling me for Personal Hearing before Final Punishment seemed to condone PNB Mgmt. as a whole, a "few slaps" given to me & my Defence Representative. Defence Representative & I was tooooooo much shocked & I felt as if my Right to vote in an Parliamentary Election was taken away & I was prevented to cast my vote. What happened to RIGHT OF EQUALITY ? Is this person still in se rvice in PNB ? Who is He/she ? Whether PNB Higher Management taken any punitive Action Against him/hers ? If yes, which one ? If he/she is retired, his/her Pension was Stopped or Not ? Why ? Why no Departmental Inquiry/Action was taken ? Why he/she escaped ? What happened to Indian Legal System/Machinery ?

Only Big Officers are allowed to flee from their deeds punishing a totally Innocent Person & putting a FULL-STOP to his loyal 24 years' service. I can give Names of my collegues who have taken wrong benefits in PNB Service & those who are Doing Up-Down from Ahmedabad To Limbdi Branch, Ahmedabad to Wadhwan Branch to Surendranagar without taking Written Permission from Competent Authority being an Officer Scale -I , he is still enjoying all benefits, selling pen,pencils, Rubber Rings, making Stamps, selling staionery , selling Ballpen reffils, selling Pencil Sharpners to Bank Branches as if he has been given a written Contract by PNB. Making lot of long distance STD & local phone from Branch Phones innumerous times. A Mr. Bharatkumar Bhogilal Shah- A Special Assistant & honourarily Retired from PNB, Surendranagar Branch & still taking Pension & all Benefits. He was not signing vouchers under his power , so many vouchers, he has not signed during tenure of his Service at Surendranagar Branch of PNB. Looto Bhai Looto, jitna dam hai, utna looto. PNB Jindabad. He was not capable of writing three lines in Correct Hindi ( English is a dream for him ). He used to come to me when something to be written in Hindi. Are Bhaiya, Retire bhi ho gaya. Aur Ek tha Mahachor, Mr. Hareshkumar Jagjivan Shrimali, who was sacked from PNB. Are Bhaya, Haresh ne jarur koi Ghotala Bank mein kiya hoga. These are the Bitter tooooooooooo much bitter words , I hear day by day,rather Daily. I was given Appreciation Letter for my each & every Help in bringing our Surendranagar Branch fully Computorised. chhodo , wo to koi Pagal RM aa gaya hoga Rajkot RO mein . De diya hoga Certificate. To us se thoda Haresh Shrimali ko Clean Chit chahiye ?

An Officer Scale-I of Limbdi Branch threatened to CID/CBI People, he is reinstated. Wow. LOL.

Are Bhai, nobody is guilty until The Biggest Court , The Hon'ble Supreme Court Of India finally gives verdict against me. My in-laws were very wealthy, I cried & argued these real, factual, true points, facts at the time of my inquiry, but nobody taken care of my naked TRUTH. " Bhagao is ko verna yeh to hamari bhi pole khol dega, aisa moka kabhi nahi milega dobara. "

....) My late Father-in-Law Mr. Nathalal Kadia was a retired Deputy Collector & was practising as a Lawyer at Ahmedabad since so many years before my Engagement with my late wife Alka. My Elder Sister-in-Law ( unmarried as of to-day also) is M.A., LLB, B.Ed. & took away my only, my only SON Kevin from my custody, eversince he was three & a half years' old. My Eldest late Brother-in-Law was M.Sc., LLB , who involved & indulged falsely , is Original Complainant in my Criminal case. He was serving as clerk at SBI,his wife is still serving in BSNL. My Eldest SIL was married at Nadiad & having NO ISSUE till to-day. ( After more than 30 years' married life ). Both of them & my late BIL & FIL took more interest of my only Son Kevin & were not giving back his Custody to me. I always prayed with my both Hands folded to give me my own son's custody , I'll keep him at Ahmedabad for his Better & Better Education & Welfare. I purchased a flat at Ahmedabad for that. My late Wife Alka was M.A. ( with Psychology ) & was serving as Mukhya Sevika at H.Q. Limbdi & other small villages.

I am & my entire Family Members are innocent . The Criminal Case is totally an after-thought, vague, frivolous & to ruin our entire Family Members. I am a ALMIGHTY GOD fearing & my all family Members are GOD fearing , true & positive persons. Though, we are not Rich, we are poor, our Moral Value can not be measured in Rupees.

My True story is very very very long . Plz Help me out. God will Bless all Authorities who takes every needed step in helping me.
Regards.....
Hareshkumar Shrimali

P.S. : Can I take more 1% ( or whatever ) in FDRs & all Deposits in PNB , in which Account , my name appears 1st ? Because, I'm Compulsorily Retired only Surendranagar Branch is ready to give me 1% additional counting me as Ex-Staff. I withdrew all my Deposits & Each & every pie of my relatives from Limbdi Branch. 'coz PNB, Limbdi ( Gujarat) Branch counts me a Guilty person & not allowing me to be Ex-Staff . They are not giving me 1% more. They want me to produce a letter from Higher Authority stating me to be an Ex-Staff & All Benefits available to a NORMAL Ex-Staff , should be given to me also.

Hence, on this prestigious occassion, can I pray to Top-Most Highest Authority of Punjab National Bank to give me such letter in writing within a short period, or still War is war afterall. It'll be continued till my Death.

Still NO REPLY. Respected & The Most Hon'ble CVC Shri Pradeepkumar Sir, I'm a very very very Poor Person of 51 years of Age. I have been suffering from Left Hip Joint Arthritis with AVN ( Avascular Necrosis ) since last more than 25 years, Most Orthopedic Surgeons from Surendranagar & Ahmedabad suggested THR ( Total Hip Replacement ) Surgery. It's very very costly , without any Mediclaim . My spine is more than 30 degrees bent towards right side , called Scoliosis, too much Lower Back Pain & my left leg is 1-2 inches shorter & thinner since last more than 20 years. Too much pain in both legs Hips & knees. I have to take Psychiatric Medicines regularly.
By the way Sir, I again sent further Detailed E-Mail to
complaint <complaint@pnb.co.in>

date: Tue, Mar 12, 2013 at 2:48 PM as under :

Dear Sir, Date : 12-03-2013

The Scale - I Officer, who was narrated by me, in my earlier E-Mail To-Day, is Mr. Rajesh H. Shah, & he is honourably working at Ahmedabad Branch,

" I can give Names of my collegues who have taken wrong benefits in PNB Service & those who are Doing Up-Down from Ahmedabad To Limbdi Branch, Ahmedabad to Wadhwan Branch to Surendranagar without taking Written Permission from Competent Authority being an Officer Scale -I , he is still enjoying all benefits, selling pen,pencils, Rubber Rings, making Stamps, selling staionery , selling Ballpen reffils, selling Pencil Sharpners to Bank Branches as if he has been given a written Contract by PNB. Making lot of long distance STD & local phone from Branch Phones innumerous times. He was & is in sher Bazaar ( Stock Exchange of India BSE & NSE ) sitting from Bank & from Bank Phone , involving a lot of uncountable, irretrieviable financial loss to the Bank as a whole. He is selling small small things to Branches & his son was preparing Bills from his computers sitting at his residence & Mr. Rajesh H. Shah was making so many Phone Calls from Branch in which he has served so far & was asking whether his such & such Rupee Bill has been passed yet or not. For this type of Confirmations, he used to call from PNB Branch Call/phone innumerous time & I am the Eye-witness for this matter. Another eye-witnesses may come forward or not , he/she/they can say my Challenge to " NO " , but YES I say " YES YES YES YES YES . I'm the Eye-witness. He served at Wadhwan , Limbdi & Surendranagar Branches as Scale-I Officer & during all these long part of his career, he was doing up-down from Ahmedabad Daily , has he taken Written Permission from PNB Competent Authority yet ( till date ) ? Ask him , were all staff members & Manager & RMs were not aware of this Hard Facts? Has he not left HQ without taking written permission from Bank ? It's a legal Move by Shri Rajesh H. Shah ? Why till to-day, he is not suspended ? He must have been terminated till now. If he is Suspended , still his association will pay him as per :
Officers under Suspension :
"Annual Entertainment Expenses limit of the officers under suspension is to be reduced, pro-rata, for the period of suspension. Entertainment expenses incurred during the period of suspension are not to be reimbursed. However, bills covering renewal subscription of Clubs/Association, relating to the period of suspension, if any, may be reimbursed."
Will that Officer be suspended , who has not given me a chance for a Personal Hearing & not done according to First Inquiry's Enquiry Officer's Final Decission & taken lot of time wasting important Time without any valid, legal Reasons for delaying in giving me Final Decision ? Will he/she be suspended ? Kindly you are most most most Honourably requested to give me his Name in Full ( First Name, Middle Name, Last name ) his designation at that time & at this moment.
Mr. Himatlal B. Bhalgama, who was Honourably retired from Limbdi branch, as Special Assistant , for whom so many written Complaints were lodged by shri Hitesh jani, when Shri Bhalgama was serving at Surendranagar Branch, even Mr. Hitesh Jani personally visited RM's Office , Rajkot from his own earned Hard Money & met RM personally to suspend Shri Respected Mr. Himatlal G. Bhalgama. He was also indulging in Stock Market( selling & buying shares, in stead of doing Bank's Duty, for which he was paid by Bank & he & his Entire Family was dependent. Will his Pension be stopped Permanently ? In stead of dismissing him altogather, he was promoted as Special Assistant . Waah . Kya Baat Kahi ? He was an Union Leader.
Has Courage in PNB Management to stop Pension & suspend & dismiss these notorious persons who has looted Bank's money indirectly? Will PNB Management recover all money they had called from Bank Phone without any Bank's Work ? I want all TRUE, Factual Answers within a Month's time. Don't compell me to file other RTIs . please please please please please . I pray all of you my Mai baap, with crying eyes, dismiss them & recover all Money , for which entire Amount he/she is liable for ?
Mr. Subhash Vohra, a nearly connected person with PNB Management, was promoted as Scale-I Officer from Delhi & his wife was serving at IOB , Delhi Branch , after a few months, all of a sudden he fell ill & such ill that he had to be admitted in Delhi's one of the leading Hospital & by help of this hospital's Certificate our PNB Management had mercy on him transferred him from Surendranagar to a Delhi branch for some months only. But only GOD knows how he never came back to neither at Surendranagar Branch nor any other branch except Delhi. Please give me the Name/s with Designation who transfered Mr. Subhash Vohra & Complete Details of these Person/s as on to-day. I don't want to run Legal Machinery, but if compelled, it'll be done without fail. Jai Hind. Bharat Mata Ki Jay.
Truely Yours,
Hareshkumar Shrimali
NO REPLY :
Again akvyas@pnb.co.in,
rticellho@pnb.co.in,
s.mishra@nic.in,
rti@nic.in,
sharma.ml@nic.in,
adixit@nic.in,
d.sandhu@nic.in,
sushmas@nic.in
on Tue, Apr 9, 2013 at 7:24 PM , of which akvyas@pnb.co.in means, Mr. A.K.Shah is Most Hon'ble AGM of Gujarat Circle Office, Ahmedabad & is CPIO appointed by PUNJAB NATIONAL BANK
RIGHT TO INFORMATION CELL
(MANAGEMENT AUDIT & REVIEW DIVISION)
HO: RAJENDRA BHAWAN, RAJENDRA PLACE
NEW DELHI 110008
The Details of this mail is as under :
The Most Respected Sir/s of Punjab National Bank Higher Authorites,

Date : 09-04-2013

Kindly provide me all Documents, which I demanded in my ATR E-Mail DTD. 09-03-2013 onwards & before this date. I most most most humbly, earnestly request my Lordships, to provide with me All Communications including Telephonic & internal in Bank itself & also between Bank & my in-laws of Ahmedabad ( Gujarat ) vice versa. I request you with my both Hands folded innumerous time. I don't want to file any RTI Application/s , nor any Writ Petition/s at Gujarat High Court/ The Most Hon'ble ir.
Supreme Court of India. Kindly send everything I demanded in my all E-Mails. Please Sir/s.

I don't have Money to fight my Legal case, for which I am legally entitled. Non-reply from your side till 09-04-2013, proves your Acceptance that no letter/no correspondence from my in-laws' side, held any time between 1983 to 2013.
Respectable Sir, have you initiated any Departmental Enquiry on all Officers, I have mentioned in my E-Mail/s ?
Sir, please please please please please please, give me everything for which I am legally entitled for. I again & again request you all with my both Hands folded, to punish those who are Guilty & give me all letters from my in-laws' side.
Sir, in my earlier e-mails, I most earnestly requested to furnish/send me all Letters written to PNB Bank Management& give me Complete Name, Designation, Designation at present, if retired , whether his/her Retirement Benefits are Stopped by Punjab National Bank Management, who has not given me a single Opportunity to be heard me personally ( Personal Hearing by Appellate Authority of Punjab National Bank Management ), for which I was & I am entitled LEGALLY. Without giving me any opportunity, I was " Compulsorily Retired from Bank Service". Without giving any ADDITIONAL CHARGE on me, my Enquiry was closed & again reopened after a gap of 3-4 months' or so ( after my continuous Service at Surendranagar Branch after closure of FIRST ENQUIRY ). Why & on what what NEW GROUNDS, closed Enquiry was reopened ? And in Second Reopened Enquiry, without giving me a single Opportunity, to Hear me & my Defence Representative to be heard Personally by taking all LAWS of the Land, taking into hands ? That too after our so many Reminders, after I filed An Appeal against First Enquiry was over in proper Time-limit ? Is there any Legal proper reply with PNB Management ?
No Proper Time was taken by Appellate Authority to close Reopened Enquiry even after sending innumerous Reminders to take any step.
Respected & The Most Most Hon'ble Sir/s, I was very very Honest, Hard-worker during my 24 years' Clerical Service at Punjab national Bank. Sir, please please give/send me all letters duly Authenticated by proper Bank Authority.Please, I'm a poor chap.

Wishing to co-operate with me again, one Month is over since I requested you all.

Sir, I don't want to start legal battle. I'm not so Wealthy.

Sir, be Honest with me , please. May Almighty God shower his choicest Blessings on you & all your Family Members & other PNB Staff Members at HO level. Sir, please please please, write to me at least.
No Reply from your side again, will further prove that there was no letter/s was/were written from my in-law/and/or their Lawyer's side.

Sincerely Yours,

Regards,
HARESHKUMAR SHRIMALI
+91-85301 55400
DATE : 09-04-2013 07:25 pm
NO REPLY AT ALL TILL TO-DAY AS IF I MYSELF AM HARDCORE OFFENDER :
Again, Most Respectable & The Most Hon'ble Sir/s, I sent E-Mail Reminder on complaint <complaint@pnb.co.in> at Tue, Mar 12, 2013 at 1:32 PM
The Details are ditto to ditto are as under , which are repeater Mails :
Resp. & The Most Hon'ble Sir/Madam, Date : 12-03-2013

Reg : ATR of my Compulsory Retirement from Bank's Service.

Dear Sir, Nothing has been done in this matter till date . If possible , kindly send me E-Mail IDs of
all Dept., Division Head's including CMD's E-Mail IDs . Plz include all documents, letters written by my in-laws, their lawyer/s, any other third party & All all all correspondence between our Bank's internal correspondence & Call Details, Call Numbers, Call Durations, Mobile Nos. if any, If Mobile Call than Service Provider at that time of their Mobile/Cell Phones.

Sir, why I'm demanding All all minutest Details, b,coz Appellate Authority has not done According to BPS Rules prevailing at that time & thrown away my case & me by taking Laws in his/their hands.

I was not given Personal Hearing inspite of the Fact that he/she MUST have called me for Personal Hearing & thereafter he/she should have taken ultimate Decission within Time-frame. Not Calling me for Personal Hearing before Final Punishment seemed to condone PNB Mgmt. as a whole, a "few slaps" given to me & my Defence Representative. Defence Representative & I was tooooooo much shocked & I felt as if my Right to vote in an Parliamentary Election was taken away & I was prevented to cast my vote. What happened to RIGHT OF EQUALITY ? Is this person still in se rvice in PNB ? Who is He/she ? Whether PNB Higher Management taken any punitive Action Against him/hers ? If yes, which one ? If he/she is retired, his/her Pension was Stopped or Not ? Why ? Why no Departmental Inquiry/Action was taken ? Why he/she escaped ? What happened to Indian Legal System/Machinery ?

Only Big Officers are allowed to flee from their deeds punishing a totally Innocent Person & putting a FULL-STOP to his loyal 24 years' service. I can give Names of my collegues who have taken wrong benefits in PNB Service & those who are Doing Up-Down from Ahmedabad To Limbdi Branch, Ahmedabad to Wadhwan Branch to Surendranagtationery, ar without taking Written Permission from Competent Authority being an Officer Scale -I , he is still enjoying all benefits, selling pen,pencils, Rubber Rings, making Stamps, selling staionery , selling Ballpen reffils, selling Pencil Sharpners to Bank Branches as if he has been given a written Contract by PNB. Making lot of long distance STD & local phone from Branch Phones innumerous times. A Mr. Bharatkumar Bhogilal Shah- A Special Assistance & honourarily Retired from PNB, Surendranagar Branch & still taking Pension & all Beam hainefits. He was not signing vouchers under his pover , so many vouchers, he has not signed during tenure of his Service Tenure at Surendranagar Branch of PNB. Looto Bhai Looto, jitna dam hai, utna looto. PNB Jindabad. He was not capable of writing three lines in Correct Hindi ( English is a dream for him ). He used to come to me when something to be written in Hindi. Are Bhaiya, Retire bhi ho gaya. Aur Ek tha Mahachor, Mr. Hareshkumar Jagjivan Shrimali, who was sacked from PNB. Are Bhaya, Haresh ne jarur koi Ghotala Bank mein kiya hoga. These are the Bitter tooooooooooo much bitter words , I hear day by day,rather Daily. I was given Appreciation Letter for my each & every Help in bringing our Surendranagar Branch fully Computorised. chhodo , wo to koi Pagal RM aa gaya hoga Rajkot RO mein . De diya hoga Certificate. To us se thoda Haresh Shrimali ko Clean Chit chahiye ?

An Officer Scale-I of Limbdi Branch threatened to CID/CBI People, he is reinstated. Wow. LOL.

Are Bhai, nobody is guilty until The Biggest Court , The Hon'ble Supreme Court Of India finally gives verdict against me. My in-laws were very wealthy, I cried & argued these real, factual, true points, facts at the time of my inquiry, but nobody taken care of my naked TRUTH. " Bhagao is ko verna yehobara to hamari bhi pole khol dega, aisa moka kabhi nahi milega dobara. "

....) My late Father-in-Law Mr. Nathalal Kadia was a retired Deputy Collector & was practising as a Lawyer at Ahmedabad since so many years before my Engagement with my late wife Alka. My Elder Sister-in-Law ( unmarried as of to-day also) is M.A., LLB, B.Ed. & took away my only, my only SON Kevin from my custody, eversince he was three & a half years' old. My Eldest late Brother-in-Law was M.Sc., LLB , who involved & indulged falsely , is Original Complainant in my Criminal case. He was serving as clerk at SBI,his wife is still serving in BSNL. My Eldest SIL was married at Nadiad & having NO ISSUE till to-day. ( After more than 30 years' married life ). Both of them & my late BIL & FIL took more interest of my only Son Kevin & were not giving back his Custody to me. I always prayed with my both Hands folded to give me my own son's custody , I'll keep him at Ahmedabad for his Better & Better Education & Welfare. I purchased a flat at Ahmedabad for that. My late Wife Alka was M.A. ( with Psychology ) & was serving as Mukhya Sevika at H.Q. Limbdi & other small villages.

I anm & my entire Family Members are innocent . The Criminal Case is totally an after-thought, vague, frivolous & to ruin our entire Family Members. I am a ALMIGHTY GOD fearing & my all family Members are GOD fearing , true & positive persons. Though, we are not Rich, we are poor, our Moral Value can not be measured in Rupees.

My True story is very very very long . Plz Help me out. God will Bless all Authorities who takes every needed step

in helping me.
Regards.....
Hareshkumar Shrimali

P.S. : Can I take more 1% ( or whatever ) in FDRs & all Deposits in PNB , in which Account , my name appears 1st ? Because, I'm Compulsorily Retired only Surendranagar Branch is ready to give me 1% additional counting me as Ex-Staff. I withdrew all my Deposits & Each & every pie of my relatives from Limbdi Branch. 'coz PNB, Limbdi ( Gujarat) Branch counts me a Guilty person & not allowing me to be Ex-Staff . They are not giving me 1% more. They want me to produce a letter from Higher Authority stating me to be an Ex-Staff & All Benefits available to a NORMAL Ex-Staff , should be given to me also.

Hence, on this prestigious occassion, can I pray to Top-Most Highest Authority of Punjab National Bank to give me such letter in writing within a short period, or still War is war afterall. It'll be continued till my Death.
With Due Respect, I , Mr. Hareshkumar Jagjivan Shrimali ,was a Clerk-cum-Casher in your Surendranagar Branch. Since 1984 to 2008. I was Compulsorily Retired under charge " Moral Turpitude "from Bank Service after two inquiries in 2008.
The Fact is I was convicted for 4 years & 2 years for IPC Sections 306 & 498-A to go concurrently respectively, as my wife had committed suicide in Dec-1996. A Criminal Case was registered by my Elder Brother-in-law at Limbdi Police Station. And after a lapse of some 9 years , I was convicted as above. I filed Criminal Appeal against my conviction at Gujarat High Court & it is admitted . It's still pending.

All of a sudden, after getting regular Bail from Gujarat High Court, An inquiry was ordered after 8-9 months regular service at Surendranagar Branch ( Gujarat ) & in that inquiry, Decision was taken to continue my Bank Service till Final Judgment of Gujarat High Court.

To my surprise, this inquiry was reopened on the same ground without giving any valid reason/s after serving more 3-4 months at the same Branch.
And in this reopened inquiry, a decision was taken to Compulsorily Retire me & that was done.

I alongwith my Defence Representative filed an Appeal at Appellate Authority, DGM, HR, HO, New Delhi. As per Bi-partite Settlement ( at that time ) Rules, Appelate Authority neither called me for Personal Hearing nor took any final Decision in spite of our Regular Reminders. After 4-5 months, this final decision was taken by Appellate Authority & upheld decission of Regional Manager, Rajkot.

By this Complaint, rather earnest request , I would like to know whether any person had called any higher authority/ies or/and wrote letters to any Higher Authority/ies to initiate First & Reopened second Inquiry with Names of persons/lawyers , PNB Authoritocuments ies' Name, Designation/s & All Documents ( From Bank to Lower management, Higher Authority/ies to lower Authority/ies , answers, All E-Mail Details with dates, dulya certified by Competent Authorites.

How a Final Decision was taken to continue my service as it was till Final Disposal of Gujarat High Court, a new reopened Inquiry was initiated & we appealled against Decission to Appellate Authority, without answering my Defence Representative , Final Decission for uphelding RM's ORDER of Compulsory Retirement on the grounds of Moral Turpitude & without calling me for a Personal Hearing in writing, Appellate Authority had upheld RM's ORDER throwing away Bi-Partite Settlement Rules for Workmen ?

Kindly I urge upon you with my both hands folded , give me Dates, Documents, authorities Names with Designation, All Correspondance Attested With Bank's Seal & Signatures , All E-Mails. All letters , phone call details with from-to Phone Numbers with dates & exact time with call Durations. If this mail doesn't fall under your jurisdiction, kindly forward to the relevent Authority under CC to me at this E-Mail ID : contactmehjs@gmail.com .

I urge to send me Each & Every Minute Details within a month from date of this E-Mail , during which any correspondance is held copy to me at this E-Mail ID : contactmehjs@gmail.com & if hard copies, on the following Residential Address of mine :



Mr. Hareshkumar Shrimali,
Flat No.1, Krupakant Appartments Part-1,
Bhaikakanagar, Near Zaveri bunglows,
Thaltej Cross Roads,
Ahmedabad- 380059
Mo. No. +91-8530155400
( Gujarat )
( India )
P.S. : I state that this is my E-Mail ID & I am the Real Person & not a fake person. If a written reply is not received from a competent authority , this complaint/request will be transferred to all higher authorities, RBI Dealing Heads, CVC & other Central Govt. Authorites , presuming that you have accepted everything in this e-Mail . It's an earnest & most polite request .Don't take it otherwise.
Tue, Mar 12, 2013 at 2:48 PM

Dear Sir, Date : 12-03-2013

The Scale - I Officer, who was narrated by me, in my earlier E-Mail To-Day, is Mr. Rajesh H. Shah, & he is honourably working at Ahmedabad Branch,

" I can give Names of my collegues who have taken wrong benefits in PNB Service & those who are Doing Up-Down from Ahmedabad To Limbdi Branch, Ahmedabad to Wadhwan Branch to Surendranagtationery, ar without taking Written Permission from Competent Authority being an Officer Scale -I , he is still enjoying all benefits, selling pen,pencils, Rubber Rings, making Stamps, selling staionery , selling Ballpen reffils, selling Pencil Sharpners to Bank Branches as if he has been given a written Contract by PNB. Making lot of long distance STD & local phone from Branch Phones innumerous times. He was & is in sher Bazaar ( Stock Exchange of India BSE & NSE ) sitting from Bank & from Bank Phone , involving a lot of uncountable, irretrieviable financial loss to the Bank as a whole. He is selling small small things to Branches & his son was preparing Bills from his computers sitting at his residence & Mr. Rajesh H. Shah was making so many Phone Calls from Branch in which he has served so far & was asking whether his such & such Rupee Bill has been passed yet or not. For this type of Confirmations, he used to call from PNB Branch Call/phone innumerous time & I am the Eye-witness for this matter. Another eye-witnesses may come forward or not , he/she/they can say my Challenge to " NO " , but YES I say " YES YES YES YES YES . I'm the Eye-witness. He served at Wadhwan , Limbdi & Surendranagar Branches as Scale-I Officer & during all these long part of his career, he was doing up-down from Ahmedabad Daily , has he taken Written Permission from PNB Competent Authority yet ( till date ) ? Ask him , were all staff members & Manager & RMs were not aware of this Hard Facts? Has he not left HQ without taking written permission from Bank ? It's a legal Move by Shri Rajesh H. Shah ? Why till to-day, he is not suspended ? He must have been terminated till now. If he is Suspended , still his association will pay him as per :
Officers under Suspension :
"Annual Entertainment Expenses limit of the officers under suspension is to be reduced, pro-rata, for the period of suspension. Entertainment expenses incurred during the period of suspension are not to be reimbursed. However, bills covering renewal subscription of Clubs/Association, relating to the period of suspension, if any, may be reimbursed."
Will that Officer be suspended , who has not given me a chance for a Personal Hearing & not done according to First Inquiry's Enquiry Officer's Final Decission & taken lot of time wasting important Time without any valid, legal Reasons for delaying in giving me Final Decission ? Will he/she be suspended ? Kindly you are most most most Honourably requested to give me his Name in Full ( First Name, Middle Name, Last name ) his designation at that time & at this momeurent.
Mr. Himatlal G. Bhalgama, who was Honourably retired from Limbdi branch, as Special Assistant , for whom so many written Comuties, for whichplaints were lodged by shri Hitesh jani, when Shri Bhalgama was serving at Surendranagar Branch, even Mr. Hitesh Jani personally visited RM's Office , Rajkot from his own earned Hard Money & met RM personally to suspend Shri Respected Mr. Himatlal B. Bhalgama. He was also indulging in Stock Market( selling & buying shares, in stead of doing Bank's Duty, for which he was paid by Bank & he & his Entire Family was dependent. Will his Pension be stopped Permanently ? In stead of dismissing him altogather, he was promoted as Special Assistant . Waah . Kya Baat Kahi ? He was an Union Leader.
Has Courage in PNB Management to stop Pension & suspend & dismiss these notorious persons who has looted Bank's money indirectly? Will PNB Management recover all money they had called from Bank Phone without any Bank's Work ? I want all TRUE, Factual Answers within a Moervingnth's time. Don't compell me to file other RTIs . please please please please please . I pray all of you my Mai baap, with crying eyes, dismiss them & recover all Money , for which entire Amount he/she is liable for ?

Mr. Subhash Voh ra, a nearly connected person with PNB Management, was promoted as Scale-I Officer from Delhi & his wife was serving at IOB , Delhi Branch , after a few months, all of a sudden he fell ill & such ill that he had to be admitted in Delhi's one of the leading Hospital & by help of this hospital's Certificate our PNB Management had mercy on him transferred him from Surendranagar to a Delhi branch for some months only. But only GOD knows how he never came back to neither at Surendranagar Branch nor any other branch except Delhi. Please give me the Name/s with Designation who transfered Mr. Subhash Vohra & Complete Details of these Person/s as on to-day. I don't want to run Legal Machinery, but if compelled, it'll be done without fail. Jai Hind. Bharat Mata Ki Jay.
Truely Yours,
Hareshkumar Shrimali
akvyas@pnb.co.in,
rticellho@pnb.co.in,
s.mishra@nic.in,
rti@nic.in,
sharma.ml@nic.in,
adixit@nic.in,
d.sandhu@nic.in,
sushmas@nic.in sent on Tue, Apr 9, 2013 at 7:24 PM copy
The Most Respected Sir/s of Punjab National Bank Higher Authorites,

Date : 09-04-2013

Kindly provide me all Documents, which I demanded in my ATR E-Mail DTD. 09-03-2013 onwards & before this date. I most most most humbly, earnestly request my Lordships, to provide with me All Communications including Telephonic & internal in Bank itself & also between Bank & my in-laws of Ahmedabad ( Gujarat ) vice versa. I request you with my both Hands folded innumerous time. I don't want to file any RTI Application/s , nor any Writ Petition/s at Gujarat High Court/ The Most Hon'ble
Supreme Court of India. Kindly send everything I demanded in my all E-Mails. Please Sir/s.

I don't have Money to fight my Legal case, for which I am legally entitled. Non-reply from your side till 09-04-2013, proves your Acceptance that no letter/no correspondence from my in-laws' side, held any time between 1983 to 2013.
Respectable Sir, have you initiated any Departmental Enquiry on all Officers, I have mentioned in my E-Mail/s ?
Sir, please please please please please please, give me everything for which I am legally entitled for. I again & again request you all with my both Hands folded, to punish those who are Guilty & give me all letters from my in-laws' side.
Sir, in my earlier e-mails, I most earnestly requested to furnish/send me all Letters written to PNB Bank Management& give me Complete Name, Designation, Designation at present, if retired , whether his/her Retirement Benefits are Stopped by Punjab National Bank Management, who has not given me a single Opportunity to be heard me personally ( Personal Hearing by Appellate Authority of Punjab National Bank Management ), for which I was & I am entitled LEGALLY. Without giving me any opportunity, I was " Compulsorily Retired from Bank Service". Without giving any ADDITIONAL CHARGE on me, my Enquiry was closed & again reopened after a gap of 3-4 months' or so ( after my continuous Service at Surendranagar Branch after closure of FIRST ENQUIRY ). Why & on what what NEW GROUNDS, closed Enquiry was reopened ? And in Second Reopened Enquiry, without giving me a single Opportunity, to Hear me & my Defence Representative, Personally by taking all LAWS of the Land, taking into hands ? That too after our so many Reminders, after I filed An Appeal against First Enquiry was over in proper Time-limit ? Is there any Legal proper reply with PNB Management ?
No Proper Time was taken by Appellate Authority to close Reopened Enquiry even after sending innumerous Reminders to take any step.
Respected & The Most Most Hon'ble Sir/s, I was very very Honest, Hard-worker during my 24 years' Clerical Service at Punjab national Bank. Sir, please please give/send me all letters duly Authenticated by proper Bank Authority.Please, I'm a poor chap.
Wishing to co-operate with me again, one Month is over since I requested you all.
Sir, I don't want to start legal battle. I'm not so Wealthy.
Sir, be Honest with me , please. May Almighty God shower his choicest Blessings on you & all your Family Members & other PNB Staff Members at HO level. Sir, please please please, write to me at least.
No Reply from your side again, will further prove that there was no letter/s was/were written from my in-law/and/or their Lawyer's side.
Sincerely Yours,

Regards,
HARESHKUMAR SHRIMALI
+91-85301 55400
DATE : 09-04-2013 07:25 pm
Again to coahm <Coahm@pnb.co.in>,
akvyas@pnb.co.in,
rticellho@pnb.co.in,
s.mishra@nic.in,
rti@nic.in,
sharma.ml@nic.in,
adixit@nic.in,
d.sandhu@nic.in,
sushmas@nic.in,
Mg.vinod@nic.in,
ddpg2-arpg@nic.in,
pmosb@pmo.nic.in,
secypg@nic.in,
urgent-action@ohchr.org,
yogimpsingh@gmail.com sent on Wed, Apr 10, 2013 at 1:25 PM , of which, cir.oahm <Coahm@pnb.co.in> E-Mail ID is of Gujarat Circle Head, Ahmedabad Sir.

Dear & The Most most most Requested Circle Head & Head- HR Dept. - AHMEDABAD CIRCLE OFFICE & other HEADS

DATE 10-04-2013

Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in local, regional, national, and international law . Under Constitution of India, I need not file an RTI Application as prerogatory & as a Statutory Requirement to demand Documents, information which are required by any Indian Citizen .
I'll & I am prepared to take any Legal Step/s as per requirement of Time.
Dear Sirs/Madams, I sent you a combined E-Mail to-day to so many The Most Hon'ble Authorities for my Demands to provide some Authenticated Documents, some Genuine Information, which may be Private for Punjab National Bank, but in my Case, This Bank has not provided me my legal demands/never provided till date , I 'm entitled to ask for any information as speedily as possible, & to take Action against erring officials who are in Bank's Service, Retired, Resigned . And in to-day's Internet , E-Mail & IT Era all over the World, Punjab National Bank wish to treat it as Online RTI Applications are treat it , reply me ASAP.
If no Action is taken by Higher Management of Punjab National Bank against Mr. Rajesh H. Shah, Mr. Subhash Vohra, Mr. Appellate Authority who upheld my Order for Compulsory Retirement without giving me a single opportunity for our Personal Hearing , and I want a list of Officers in any Cadre who are enjoying more than what is prescribed in PNB Officers' Rules & Regulations, or by whatever letters/s PNB Officers' Conduct, Discipline, Responsibilities are Governed from Mr. Rajesh H. Shah ( an Officer of Punjab National Bank ) was promoted in JMG-Scale-I ! Why soft-corner to both of these officers!!! Does it mockery of Law ?!

Take immediate action against those erring Officials & let me know ASAP. Kindly requested not to defend all of them by any kind even verbly or by creating false evidence/s , otherwise I'll be compelled to take Legal Steps wherever necessary. If you are denying me to give all Documents , please submit your reply categorically before 15-04-2013.

As desired by the All India Punjab National Bank Officers’ Association and with a view to consolidate the instructions on transfer and posting of officers for ready reference, the same are presented as Annexure 1 – ‘Transfer Policy for Officers’. These instructions should however be read along with the Regulations referred to above.
The following is the list of Circulars and Circular Letters which stand superseded by this circular, to the extent they apply to officers:

Circulars:
1. Personnel Division Circular No. 1642 dated 29.10.1998
2. Personnel Division Circular No. 1650 dated 04.12.1998
3. Personnel Division Circular No. 1691 dated 10.11.1999
4. Human Resources Development Division Circular No. 96 dated 18.07.2002
5. Human Resources Development Division Circular No. 129 dated 24.01.2003
6. Human Resources Development Division Circular No. 135 dated 18.02.2003
7. Human Resources Development Division Circular No. 324 dated 02.06.2006
8. Human Resources Development Division Circular No. 331 dated 30.06.2006
9. Relevant portion of Human Resources Development Division Circular No. 383 dated 28.03.2007

Circular Letters:
1. Personnel Division Circular Letter No. 20/81 dated 31.03.1981
2. Personnel Division Circular Letter No. 30/81 dated 13.06.1981
3. Personnel Division Circular Letter No. 30/84 dated 31.03.1984
4. Personnel Division Circular Letter No. 37/87 dated 20.07.1987
5. Personnel Division Circular Letter No. 41/87 dated 22.08.1987
6. Personnel Division Circular Letter No. 42/89 dated 19.09.1989
7. Personnel Division Circular Letter No. 15/97 dated 10.06.1997
8. Personnel Division Circular Letter No. 22/97 dated 05.11.1997
9. Personnel Division Circular Letter No. 25/99 dated 27.10.1999

(O.P. ARORA)
DEPUTY GENERAL MANAGER






Annexure 1

TRANSFER POLICY FOR OFFICERS


STAY AT ONE OFFICE / STATION:


Officers in MMG Scale-II & III:

Intra-Regional / inter-Region transfers
(both admn. and on request) within the Zone : Zonal Manager

Inter-Zone transfers of all officers : HRDD, HO


Kindly provide me a list of All Officers Circle-wise, who are not transferred within prescribed Time-Limit as given under ANNEXURE - I, at STAY AT ONE OFFICE / STATION:(I), (ii), (iii), (iv) I),ii), iii) iv) .
If any violation, please provide me Orders of Appropriate Authorities, why such violations are being allowed in case of any Officer/s duly Attested by competent Authority/ies.
Provide me Complete Persal Service File/s of Mr. RAJESH H SHAH & ii) Mr. SUBHASH VOHRA , previously promoted from Workman Cadre to JMG-Scale-I from Delhi to B.O. SURENDRANAGAR & then after a small stay at B.O. SURENDRANAGAR to any Branch at Delhi. Send me each & every piece of Paper in their Personal Files ,do not try any kind of delaying tecknics. All File papers since joining Punjab National Bank till 10-04-2013 without any alteration/s in any Orders/ papers' writings, & duly Authenticated by Appropriate Authorities. Nor in their duty-sheets/office orders from joining date to 10-04-2013.


Last but not least, please avoid delaying Techniques. I have demanded STAY AT ONE OFFICE / STATION: for ALL OFFICERS OF PUNJAB NATIONAL BANK & NOT ONLY MR. RAJESH H. SHAH & MR. SUBHASH VOHRA.

Regards,
Thanking You,



Sincerely Yours,
HARESHKUMAR JAGJIVAN SHRIMALI
+91-8530155400


P.S. : The Most Hon'ble Sir Shri Satyananda Mishra, Chief Information Commissioner , with due Respect, The Most Most Hon'ble Mrs. Annapurna Dixit ,Information Commissioner, with due Respect, are most most humbly requested to see that Punjab national Bank may not prolong the matter, as still so many RTIs , Writ Petitions against all erring Officials Valueable time & too much loss of Money & time has already been suffered by me & some erring Officers are enjoying. I need speedy decisions & at Hon'ble Gujarat high Court, Most Hon'ble The Supreme Court of India , do not allow these officials to defend their case by money from Punjab National Bank.
It is most humbly submitted, before the Hon'ble Sir & Madam, that I have been writing E-Mails since 09-04-2013, nobody is suspended/charge-sheeted till to-day. No Order of any Enquiry against Shri RAJESH H. SHAH NOR AGAINST SHRI SUBHASH VOHRA. please guide me by writing, some appropriate Suggessions to take speedy decisions. I am a poor chap, I can not afford Cyber Café's Internet Time, nor can I afford Senior RTI Expert High Court/Supreme Court Advocate/s. In this Application , no Threat nor any Compulsion nor Vulgarity is used. Hence, no double or wrong meaning be adopted by PNB Authrity please.
Kindly, take Action against those responsibles for not accepting my previous E-Mails as my urgent & valid necessity as per Constitution of India,Citizens’ Charter of Demands. For this, your applicant shall ever pray you Hon'ble Sir/Madam.

P.P.S. : Shri Yogi M. P. Singh, kindly guide me in this urgent matter. As your Honour is recognized RTI Activist of India, I have read your RTI Applications.
Online RTI Applications are allowed for NRIs, but not for Resident Citizens of India, why on flimsy ground? It's a Missile, Robotic, IT Era, In a fraction of a second, Billions of Money ( All Currencies of the World ) transfers are held between Banks & All other Govt. , Central Govt. Websites, why not RTI Application ?
Please help me step by step, point by point.
Hon'ble Sirs , time-bound actions are never redressed and merely received as ipso-facto obvious from the attachment. Here this question arises that whether the Government is running in accordance with the frame work of constitution or not. If you have mandate of people of state ,then it is obligatory duty of democratically elected government to perform its duty in accordance with the framework of constitution. Mandate of people has not given you freedom to take the law of land under teeth. Law of land is supreme which must be followed . Tyranny never originates from democracy but it is integral part of aristocracy which converts democracy into anarchy.
NEW DELHI: Tuesday, 27 November 2012 : The Supreme Court on Thursday said it had directed appointment of retired judges as heads of information commissions at the Centre and state level to ensure their independence as many were headed by persons who "have been in the good books of government".

"You will find the chief information commissioners, both at the Centre and state level, are persons who have been in the good books of the government. When these persons get appointed, and when information is sought mostly against the governments, you see the orders. They must act independently," a bench of Hon'ble Justices A K Patnaik and Swatanter Kumar said.

"If the Right to Information Act is to be given some meaning, then the authorities (information commissions) must be independent in letter and spirit. But if he (the head of the commission) is choosy about giving information on the persons who have appointed him, then it is meaningless," it said.

It entertained the Union government's petition seeking review of its September 13 judgment but not before clarifying that the judgment was aimed to ensure independence of the commissions under the RTI Act and not to rehabilitate retired judges. It posted final hearing on the petition on November 29.

The bench made no attempts to hide its disappointment at the "unfair" criticism of the judgment that it indirectly aimed to rehabilitate retired judges. In turn, the bench criticized appointment of "government-friendly" bureaucrats as heads of information commissions.

Additional solicitor general A S Chandiok said as an officer of the court, he felt that "time has come to say that there should be no rehabilitation of retired judges or bureaucrats".

But the bench was keen on expressing itself fully on the importance it attached to the independence of the information commissions. It felt that adjudication requests under RTI Act had many legal fallouts, requiring the heads of information commissions to have some legal background.

"These bodies have to be independent of the government and public authorities. The idea behind the judgment is not to rehabilitate chief justices of the high courts or Supreme Court judges. The idea is to bring in independence to these commissions. Unless you (the governments) have problem in appointing independent persons," the bench reiterated.

When Chandiok said persons other than retired judges could also be independent, the bench said, "But there appears to be a need for some legal background in addition to inherent requirement of independence of the top man. We are not concerned with the rehabilitation of Supreme Court or high court judges. We are concerned with independence of the information commissions.

The Most Most Respectable & Most Hon'ble Sir/s, I know that Employees' personal detail means information concerned with his personal life. Here I want to seek information concerned with the service of employees , so can be provided under subsection 1 of section 6 of Right to Information Act 2005. I may seek the findings of two enquiries under transparency act. Then under section 4(1)(d), reason of administrative and quasi-judicial decision.

But Sir, I don't prefer RTI Application/s right now, it may be applied if circumstances forces me to do so. It takes too much long time & I have no Money to hire Expert RTI Lawyer/s of Hon'ble Gujarat High Court / Most Hon'ble The supreme Court of India.
Your Excellency Sir, don't allow these officers, Mr. Rajesh H. Shah, Mr. Subhash Vohra, DGM. HR Divn., HO, New Delhi , who was Appellant Authority & who did not give me a single Opportunity to me & my Defence Representative, a Personal Hearing in spite of innumerous Written Reminders were written by my Defence Representative at that time. Appeal was not completed in proper time as per Bi-Partite settlement in force at that time. It took too much longer period , in spite of our timely innumerous reminders, like my above E-Mails,my very 1st E-Mail is Dtd. 09-03-2013, but nothing doing, see the bureaucracy of Punjab National Bank Management. They are all Bureauocrats. Mr. Rajesh H. Shah has used Bank's own landline phones from each & every branch , at which,he was transferred for his own Money-making & other purposes, & not for Bank's work except some calls. He sold small small things to so many Branches since so many years & it's Bill was made by his Son or wife in some name, & for its collection also, he was using Bank's Phone. He used Bank's Phone for Share-Market fot 10-20 minutes, innumerous times. He was doing up-down from Ahmedabad to his place of posting as Second Man, which is very Responsible Designation after Branch Manager, without a single Bank's Permission in writing. If he is right & correct, I openly challenge to file Rent-deeds or other admissible & genuine Written proofs & payments done by him at B.O. Limbdi, B.O. Wadhwan, B.O. Surendranagar. I openly challenge him, was Regional Office was not knowing these facts ????/!! Was Regional Manager not knowing these Facts ? How each & Every higher Responsible Management allowed his up-down with Bank's valuable keys for Bank. Other set of keys remain with Branch Manager & the second set of keys always remain with second man of the Branches, if MMG-Scale-II Branches & some small village Branches are there. Was any "Telephone Used Register for Personal Use" was being maintained ?! It was maintained during some initial period , than ???????????

I was forced to work as a Cashier, in spite of the fact that Regional Manager had instructed in writing not to use me in Cash, RM Letter must be in my Personal Service File.
Most Respected & the Most Hon'ble Sir/s, I gave in writing to debar me from Cashier's service to Branch manager, & letter from Regional Office debarring me for Two years not to work as cashier & not to officiate as Cashier, so many times, eventhough, BM mis-utilised me. And if I gave reason for not to sit, I was forced to sit as a Cashier by issuing Office Orders, innumerous times during my 24 years' career by BM or Second Man. How can a Branch Manager or second man can force a debarred Cashier compulsorily by issuing Office Order/s or merely by writing duty in Daily Arrangement Register. Everytime, I was debarred for TWO years, eventhough through force, I worked as cashier & to keep PNB's image good in Customers & Bank's routine Work may not be disturbed & branch can function smoothly. So, was it my Serious offence to work as Cashier innumerous times, eventhough, by my own intension, I gave in wring so many times, to debar me from Cashier, Spaecial assistant's Duties. If staff strength problem is arised & Branch wants a cashier, it has to write at RM office to arrange for other Branch's Cashier, who is not debarred at all. So, was I guilty to work as a cashier & PNB's name may not be disturbed.

Most Respectable Sir/s , can justice to me will be available very soon ? Please kindly see that nobody can change any writings, or Papers from my personal file/s. No effort can be done to destroy any any Evidence, which is more serious offence even in IPC.

Sir, last but not the least, I urge upon your Excellencies , with my both hands folded, for immediate very very High Level CBI Enquiry. And nobody must be allowed to defend his case by PNB Money.

Law is Law, Offence is an Offence, there must be Severe Punishment to erring officials, without any kind of external pressure. Under Indian Constitution, each & every person is Equal, irrespective of his/her caste,creed,gender,religion,post.

I beg to always remain your Excellencies,

Most Sincerely,

HARESHKUMAR SHRIMALI
AHMEDABAD
+91-85301 55400


सत्यमेव जयते

यदा यदा हि धर्मस्य ग्लानिर्भवति भारत ।
अभ्युत्थानमधर्मस्य तदात्मानं सृजाम्यहम् ॥४-७॥

परित्राणाय साधूनां विनाशाय च दुष्कृताम् ।
धर्मसंस्थापनार्थाय सम्भवामि युगे युगे ॥४-८॥


वंदे मातरम्
rekha devi gupta
 
Mar 29, 2013

Conspiracy,Window Dressing, Fraud & forgery

Shri K.R.Kamath
CMD,
Punjab National Bank,
HO: New Delhi

Senior bank officials working as Circle Heads , all have barring some exceptions resorted to window dressing in the past and it is their mastery in art of window dressing that they continued to be blessed with one after other promotions superseding honest performers. Shri Joginder Kumar Gupta Previously Circle Head (AGM) Punjab National Bank, Muzaffarpur Circle, Presently Circle Head (DGM) Patna Circle and Shri K.L.Bareja Previously Circle Head, Arrah Circle are renowned personality in the field of financial irregularity, fraud, criminal conspiracy & forgery. One such example was episode of Muzaffarpur :
- A front page highlighted news published in Dainik Jagran against Shri Joginder Kumar Gupta Previously Circle Head (AGM) Muzaffarpur Circle & Shri K.L.Bareja Previously Circle Head, Arrah Circle for hatching criminal conspiracy, fraud & forgery in illegal transaction of Government fund (DDC Muzaffarpur) amounting Rs. 40 Crores on 6.12.2010, which gives bad name to Punjab National Bank.
- Again highlighted front page news published in Dainik Jagran against Shri J.K.Gupta the then Circle Head, Punjab National Bank, Muzaffarpur Circle for his ill doings violating all norms of PNB & RBI on 7.12.2010.
- The DDC Muzaffarpur has instructed Senior SP vide his letter dated 6.12.2010 to investigate the fraud made on the instruction of Shri J.K.Gupta to Branch Manager BO: Khabra Road by opening a fictitious account no. 1357000105909053 in the name of DDC Muzaffarpur.
- The DDC Muzaffarpur has also constituted 3 member committee to investigate the whole affairs.
- The matter was to some extent suppressed by issuing a press note on 6.12.2012 by Circle Head Muzaffarpur by apoliging and assuring for rectification of the financial irregularity criminally conspired by the previous Circle Head Shri J.K.Gupta. Further to somehow patch up the tarnished image of Punjab National Bank the then FGM (Shri Srinivasan) alongwith Shri J.K.Gupta and current CH met the DDC & DM Muzaffarpur on 7.12.2010 apoliging and begging pardon from the state authorities for the financial crime made at the behest of Shri J.K.Gupta.

It is shame on the face of PNB that after this episode Shri J.K.Gupta was promoted from AGM to DGM and Shri K L Bareja transferred to HO, place of his choice.

They not only resorted to window dressing for deposits but also for advances. RBI never took notice of it or one may say that they indirectly supported this unhealthy and unethical practice prevalent in public sector banks in the name of achievement of targets.

Bank officers motivated high value borrowers to withdraw their unavailed portion of sanctioned limit on closing days and park the same in their deposit account. In this way they made artificial jump in deposits and advances in last few days of closing year or closing quarter.
This fraudulent method of achieving target jeopardized the career of hundreds of senior officers who did not resort to window dressing and these officers were sidelined, posted at critical places and finally rejected in all promotion processes. There have been hundreds of senior officers who are expert in window dressing of advances too. They arrange short target valued clients to avail short term loan even if the corporate do not need and finally compensate them in different ways.

You have heard the low cost deposit & high cost deposit but you have never gone through the high cost promotion deal. One such example is the promotion of two chief Managers into AGM in 2011 in Patna Circle. Actually these two officers are facing vigilance cases and it was decided to charge sheet them under regulation 6 of PNB (D&A) regulation for major/stiff major misconduct but all of a sudden a high cost promotion deal was finalised and Shri J.K.Gupta side lining all the guidelines of fair play & justice exonerated the two corrupt officials and contributed his might with HO Vigilance in promoting them to AGM.

Not only this these officers played big role in creation of bad assets in banks and finally writing off of big values loans .Volume of NPA was always concealed by these clever bankers and now on CBS they are getting exposed . Gross NPA of banks has made a new top and gone beyond control.

Finally when bank incurred loss or earned less profit, even wage revision of staff was treated by Ministry in casual manner and ultimately all staff had to bear with nominal or negligible rise in their wages.

Who will after all punish these corrupt officers who have been using their flattery and bribery powers to buy the good wishes of ministers and RBI officials and who have been buying even vigilance officials to close their files related to corrupt activities?
After all why RBI officials and Ministry of Finance maintained silence for decades together is a mystery? Most of senior banks have got blessing of some ministers or some officers in MOF or RBI and this is why they not only get before-time promotion but also get safe exit at the time of retirement even if they committed hundreds of irregularities in their posting at various offices.

It is earnestly requested that the working of Muzaffarpur and Patna Circle of Punjab National Bank may please be investigated thoroughly to bring the corrupt practices in lime light going on there.

Yours’ Sincerely

(Smt. Rekha Devi Gupta)
Aghoria Bazar, Muzaffarpur – 842001
Email: rekhadevi355@yahoo.com
Date: 28.3.2013
.
s m masihur rehman
 
Dec 8, 2012

Withholding Of Gratuity sanctioned under P G Act 1972 & Commutation of Pension illegally

08.12.2012
Respected Shri K.R.Kamath
Chairman – cum – Managing Director,
Punjab National Bank,
HO : 7, Bhikhaiji Cama Place, New Delhi - 110066.
Email: cmd@pnb.co.in

Reg: Invocation of Regulation 46 of PNB (Employees) Pension Regulation, 1995 against me on the date of my retirement on attaining the age of superannuation – arbitrary, unreasonable and utterly discriminating order of the authorities of Punjab National Bank – withholding of my sanctioned amount of Commutation of Pension & Gratuity sanctioned under the payment of Gratuity Act, 1972.

Sir,

The Circle Head, Punjab National Bank, Circle Office, Patna has invoked Regulation 46 of PNB (Employees) Pension Regulations, 1995 vide his letter No. HRD: MR: RET dated 30.09.2011 on the date of my retirement on attaining the age of superannuation without furnishing any detail.

When the Circle Head, Punjab National Bank, Circle Office, Patna; GM HRD/PAD, Punjab National Bank, Head Office, New Delhi & CPIO/DGM MARD, Punjab National Bank, Head Office New Delhi has been asked to furnish the information seeking reasons of arbitrarily invocation of Regulation 46 of PNB (Employees) Pension Regulations, 1995 against me, what they have furnished is incorrect and misleading information.

Only when proceeded under RTI Act, 2005, I came to know through the Circle Head, Punjab National Bank, Circle office, Patna letter No. HRD:MISC dated: 23.05.2012 addressed to the Dy.General Manager HO: PAD New Delhi, that bank is illegally withholding my sanctioned commutation of pension amount & amount of gratuity already sanctioned under the payment of Gratuity Act, 1972 without any justification. They are withholding my gratuity on a pretext that a criminal case No. 40/1990 dated 25.04.1990 State Vs P.N.Singh & others (in which my name was dragged into the case maliciously without any cogent evidence & any substance in the Final Form submitted on 31.07.1098) is pending in the court of law. My name was neither appearing in the complaint Case nor FIR lodged in the above P.S. case No. 40/1990 dated 25.04.1990. The bank has also got thoroughly investigated the whole affairs by deputing two senior officers – one from HO and another from ZO Patna in the year 1991. One was some Vigilance Inspector from HO and another was Shri P.N.Prasad, the then senior Inspector. After submission of their report, bank has found 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 mind has decided that further action against me in that matter by the bank is unwanted and is not called for, and subsequently dropping the SSC against me in the year 1991 itself. Communication to this effect was sent by the Zonal Manager Zonal Office Patna to Regional Manager Regional Office Patna “A” vide ZO letter dated 12.10.1991.

The act of Punjab National Bank in withholding my gratuity sanctioned under the Payment of Gratuity Act, 1972 and that too on the date of my retirement on attaining superannuation, is totally illegal, arbitrary, unreasonable and utterly discriminating.

In absence of any provision except under Section 4 (6) of the Gratuity Act, the gratuity can neither be forfeited nor withheld. No exemption is granted by the Central Government under Section 5 exempting the applicability of the provisions of the Gratuity Act in favour of the Bank. In terms of provisions of Section 13 and 14 no gratuity under the Act can be attached even by Civil, Revenue or Criminal Court in execution of any decree or orders passed by the above Courts and as such, withholding of any gratuity by the Bank contrary to the above provisions is not permissible in law and any provision in the pension regulation inconsistent with the provisions of the Gratuity Act in terms of the provisions of Section 14 can have no effect in law. Further the provision of the Gratuity Act are more beneficial to the employees, as the amount of gratuity payable under the Gratuity Act was higher than the amount of gratuity payable under the regulation of the Bank.
In Payment of Gratuity Act, 1972 only provision is made, which gives authority to employer to forfeit amount of gratuity in circumstances, which are mentioned in subsection 6 of section 4. The relevant is that service of such employee must have to be terminated by employer but in fact of my case, it is undisputed fact that my service was not terminated by the bank but I was allowed to retire after reaching age of my superannuation after 34 years (approx.) of illustrious and unblemished career in the esteemed organisation. Therefore, section 4(6) is not applicable at all to facts of my case. There is no provision made under Payment of Gratuity Act which gives authority or power to employer to withhold or forfeit amount of gratuity because of pending inquiry or pending criminal proceeding against an employee.
This aspect has been examined by A.P. High Court in case of B. Mohan Reddy Vs. A. P. State Co-operative Marketing Federation Ltd reported in 1993 (III) LLJ 417, where it has been held that under section 4 subsection 6 - withholding of gratuity amount pending inquiry - not justifiable (section 4 subsection 6 provides for forfeiture). So there is no provision at all made in payment of Gratuity Act which gives power to employer to withhold amount of gratuity, only power is to forfietion or forfeited amount of gratuity in case of termination by employer for misconduct mentioned under subsection 6 of section 4 of Payment of Gratuity Act.
The Bombay High Court has considered same aspect in case of Rajendra Kumar Nangia Vs. Rashtriya Chemicals and Fertilizers Limited reported in 2002 I LLJ 648.
In this connection references may be made to a decisions of Apex Court in the case of Somprakash Rekhi Vs. Union of India and Others reported in (1981) 1 SCC 449, it was held to the effect that the pension,
Gratuity and provident fund all the three are different and independent to each other. The provision contrary to Gratuity Act must fail as invalid in view of section 14 of the Act. The other decision of the case of Municipal Corporation of Delhi Vs. Dharam Prakash Sharma and another as reported in (1998) 7 SCC 221 held to the effect that payment of Gratuity Act prevails vis-à-vis CCS (Pension) Rule 1972 adopted by Municipal Corporation.

The Patna High Court has considered the same view in Shambhu Sharan Singh Vs UCO Bank in CWJC 3505 of 2010 & in Triveni Rai Vs UCO Bank in CWJC 3795 of 2010 and observed “From the above decisions of the Apex Court it is manifest that the provision of the Gratuity Act for the purpose of payment of gratuity has to be given effect in case of any conflict with any of the provisions contained in any other Enactment, Regulation or an Act which are inconsistent with the provisions of Gratuity Act. As such, any provision with regard to the payment of gratuity in the Pension Regulations of the bank which are inconsistent with the provision of the Act can have no effect in law and therefore, the decision of the bank withholding the payment of gratuity of the petitioner in absence of any of grounds as mentioned in sub-Section 6 of Section 4 of the Gratuity Act is not sustainable in law”.

The Gujrat High Court has concurred with the judgment & order passed by the Controlling authority(central)/Assistant Labour Commissioner in application No. 48(11)/08 and Order passed by the Appellate Authority (central) in appeal No. 48(2)/08 that there is no provision made in the Gratuity Act which give power to employer to withhold amount of gratuity and the action of employer withholding amounts of gratuity because of pending CBI case, is without jurisdiction and contrary to provision of Gratuity Act, 1972. The hon’ble High Court out rightly dismissed the appeal of the employer in Rajnagar textile Mills Vs Gunvant L. Kayastha SCA No. 3491 of 2010.

In another case the petition of the employer against the order of Controlling Authority & Appellate Authority was dismissed at the admission stage itself in the Gujarat State Road Transport Vs Devendrabhai M. Vaidya 2004 LLR 225: 2004-1 LLJ 77 and equivalent citation in (2003) 3 GLR 2485 , the Authorities under the payment of Gratuity Act passed the order in Application No. 4 of 2002 & appeal No. 4/2002 “Since the employee was allowed to retire by way of superannuation by the employer and since at no point of time his services were terminated by the employer, the amount of gratuity cannot be withheld mere pendency of criminal case against the employee”.
There are large number of orders passed by Controlling Authorities/Appellate Authorities (under payment of Gratuity Act, 1972), Honourable High Court & Supreme Court of India on the above matter that gratuity sanctioned under the payment of Gratuity Act, 1972 can neither be attached, withheld nor forfeited except under provision of subsection 6 of section 4 of Payment of Gratuity Act only. 1 Section 60(1) (g) of the Civil Procedure Code also provides that gratuity payable to an employee cannot be attached and the Civil Court cannot grant injunction restraining the employer from payment of gratuity to an employee.
A gist of some cases for reference of your honourable goodself is put as under:
• Withholding of gratuity is not permissible under any circumstance other than those enumerated in section 4(6) of the Act and right to gratuity is a statutory right;
KC. Mathew v. Plantation Corporation of Kerala, Ltd., 2000 LIC 1519: (2000) 4 LLN 450: (2000) II LLj 637: (2000) 4 LLN 450: (2000) II LLJ 637: 2001 LLR 123 (Ker HC).
• Withholding of gratuity of an employee compulsorily retired from service will not be justified.
Brundaban Sahu Vs R.T. Corporation Ltd., (1993) 1 LLN 129: (1992) 2 CLR 256: (1993) III LLj (Supp) 208: 1992 LLR 696 (Ori HC).
• Gratuity of an employee cannot be withheld even if disciplinary proceeding is pending against him.
Gopalkrishna v. Kamataka Soaps & Detergents Ltd., 1996 LLR 306 (Ker HC).
• Mere pendency of criminal case shall not dis-entitle an employee from receiving Gratuity.
Rajrndra Kumar Nangia v. Rashtriya Chemicals & Fertilizers Ltd., (2002) 1 LLj 648: 2002 LLR 266 (Bom HC).
• Gratuity of an employee cannot be withheld by an employer.
Lt. Col. A. V. Tiwari (Retd.) v. The Secretary Ministry of Welfare, Government of India, 1996 LLR 1092 (All HC).
• Forfeiture of gratuity is permissible if an employee is dismissed for misappropriation.
Bank of India v. Kamlakar Vishwambhar Joshi, 2001 LIC 3770: (2001) 3 CLR 32: 2001 LLR 1229 (Bom HC).
• No deductions can be made from gratuity except shortage or assessed misappropriation.
P.D. Chiyanna v. Karnataka Agro Industries Corporation Ltd. Bangalore, 2001 LIC 19: (2001) 85 FLR 814: 2001 (III) CLR 846: 2001 LLR 250 (Kar HC).
• Forfeiture of gratuity of a suspended Bank employee, on his retirement, will not be justified in the absence of termination for misconducts.
Valsad District Central Cooperative Bank Ltd. v. Krushnalal Milnilal Vashi, 2005 LLR 58 (Guj HC).
• Forfeiture of gratuity is not absolute but only when the employee has been dismissed for misconduct as specified in the Act.
Viiaya Bank v. Sri Mohan Das Ramona Shetty, 2009 LLR 198 (Kar HC).
• Forfeiture of gratuity can be to the extent of amount as misappropriated.
Viiaya Bank v. Sri Mohan Das Ramona Shetty, 2009 LLR 198 (Kar HC).
• Gratuity cannot be attached, even if where the gratuity is payable under a scheme, it squarely comes within the purview of the Payment of Gratuity Act, 1972, and, therefore, the immunity of section 13 of the Act will be available.
Calcutta Dock Labour Board and another vs. Smt. Sandhya Mitra and others, 1.985 Lab. IC 714; AIR 1985 SC 996; 1985-1 UN 767; 1985(50) FLR332;
Chrisostom vs. Federal Bank Ltd. 1993-1 LLJ 422 (Kerala High Court).
• In view of overriding provisions contained in section 14 of the payment of Gratuity Act, the provision for gratuity under pension rules will have no effect.
Municipal Corporation of Delhi Vs Dharam Prakash Sharma, (1998) II LLJ 625 (S.C.): 1998(7) S.C.C. 221 : 1998 II C.L.R. 574 : 1998 S.C.C. (L&S) 1800 : 1998(80) F.L.R. 178.

Sir, under Payment of Gratuity Act 1972, the employer has not been enshrined any power for withholding the Gratuity rather there is provision of punishment to employer for non payment of Gratuity under section 9(2) & 9(2)proviso of PGA 1972.

Furthermore, there is no provision under Regulation 46 of PNB (Employees) Pension Regulations, 1995 for withholding of Commutation of Pension.

It is therefore earnestly requested that your kind & honorable good self will look into the matter personally and do justice in order for release of the terminal withhold by the CH Patna illegally, arbitrarily & malafidely please. An early reply is requested sir.

Thanking you sir,

Yours’ faithfully


(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.
s m masihur rehman
 
Dec 8, 2012

Illegally & arbitrarily withholding Terminal Dues.

Shri J.K.Gupta 16.10.2012
Circle Head (DGM),
Punjab National Bank,
Circle Office, Chanakya Towers,
R.Block, Patna-800001.
Email: jkgupta@pnb.co.in ; copta@pnb.co.in

Reg: Invocation of Regulation 46 of PNB (Employees) Pension Regulation, 1995 against me on the date of my retirement on attaining the age of superannuation – arbitrary, unreasonable and utterly discriminating order of the authorities of Punjab National Bank.

Sir,

It is to state that You, as Circle Head, Punjab National Bank, Circle Office, Patna has invoked Regulation 46 of PNB (Employees) Pension Regulations, 1995 vide letter No. HRD: MR: RET dated 30.09.2011 on the date of my retirement on attaining the age of superannuation without furnishing any detail.

The letter says : “ On attaining the age of superannuation on 30.09.2011 you are hereby relieved today from the bank service. Your retirement dues have been settled as per the Regulation 46 of PNB (Employees) Pension Regulation, 1995.”

No clear, rather misleading information has always been provided by the CPIO/FAA of PNB Circle Office, Patna & PNB HO: New Delhi; CO Patna and PAD HO New Delhi. I was astonished when I have not been paid the Sanctioned amount of Commutation of Pension and amount of Gratuity sanctioned under the Payment of Gratuity Act, 1972 duly received by Circle Office Patna for onward payment to me on the basis of facts that the Regulation 46 of PNB (Employees’) Pension Regulations, 1995 was not having any effect on these two terminals. Aggrieved with this apartheid approach of PNB management I have been Compelled to lodge Complaints (with their protracted follow up) with the authorities like Circle Head, Punjab National Bank, Circle Office, Patna; GM HRD/PAD, Punjab National Bank, Head Office, New Delhi & CMD, Punjab National Bank, Head Office New Delhi to Know how these two terminals had not been released/paid to me, but all efforts gone in vain without bearing any fruits. None of my complaints have either been acknowledged or replied. Still we are proud of saying that we are having “ Grievance Redressal Policy” for implementation of Code of Bank’s commitments to customers in our esteemed organization, Punjab National Bank.

Under RTI Act I have in receipt of your letter HRD:MISC dated: 23.05.2012 send to the Dy.General Manager HO: PAD New Delhi (from the CPIO Patna), from which it has been confirmed that bank is illegally withholding my above two terminals without any justification.

Sir, the letter signed by you says:

“ [ Shri Rehman was retired from the bank service on 30.09.2011 and in terms of HO letter PAD:MR: 31332 dated 17.09.11 terminal dues of Shri Rehman was settled as under:

In terms of Regulation 46 of PNB (Employees) Pension Regulations, 1995 “ an employee who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued, a provision pension, equal to the maximum pension which would have been admissible to him would be allowed subject to adjustment against final retirement benefits sanctioned to him, upon conclusion of the proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional or the pension is reduced or withheld etc either permanently or for a specific period”.

In view of the above gratuity amount has not been paid to Shri Rehman and he is getting provisional pension equal to maximum pension but without any commutation.] ”

Sir, now question of law arises – Can the Circle Head or any other authority of Punjab National Bank has the power to withhold :

 My Gratuity sanctioned under the Payment of Gratuity Act, 1972 by applying PNB (Employees) Pension Regulations,1995
&
 My sanctioned Commutation of Pension, illegally & arbitrarily by wrongly quoting Regulation 46 of PNB (Employees) Pension Regulations, 1995 (which do not permit such withholding at all).

Sir,

under Payment of Gratuity Act 1972, the employer has not been enshrined any power for withholding the Gratuity rather there is provision of punishment to employer for non payment of Gratuity under section 9(2) & 9(2)proviso of PGA 1972.

Furthermore, there is no provision under Regulation 46 of PNB (Employees) Pension Regulations, 1995 for withholding of Commutation of Pension.

Sir, as an educated and senior officer/authority of Punjab National Bank can you agree with the following prepositions:

(1) A person has been awarded minor penalty by the Disciplinary Authority [say under regulation 4(a)] of Punjab National Bank Officer Employees’ (Discipline & Appeal) Regulations, 1997. Can he be malafidely punished under regulation 4(g) of Punjab National Bank Officer Employees’ (Discipline & Appeal) Regulations, 1997 OR under any other Regulation OR under any other Act ?
(2) A person has been Sanctioned Gratuity under the Payment 0f Gratuity Act, 1972. Can his Gratuity be withheld by invoking provision of some other regulation ?
(It is well established fact that in view of overriding provisions contained in section 14 of the Payment of Gratuity Act 1972, the provision of gratuity under pension rules will have no effect).
(3) A person against whom bank has invoked Provisions of Regulation 46 of PNB (Employees) Pension Regulations, 1995 although illegally, arbitrarily, with malafide intention. Can his Commutation of Pension be withheld by invoking provision of some other regulation ?

Sir, the reply must be a big “no”.

Sir, I am crying for justice since 01.10.2011 but the same has not meets the end of justice. My case depicts a sorry state of affairs. PNB functionaries having statutory powers blatantly abused to the detriment to the rights of the employee. The attitude seems to be that the authority can abuse power with no answerability having sole motive of victimizing the employee.


Sir, I am furnishing the History of the Case in brief for your judicious consideration to override the misleading information provided by your team:

 A complaint was lodged by one Shri Doman Das and 10 other borrowers against Shri P.N.Singh, the then Manager PNB Pun pun (Dist.No. 2909) [Presently DGM ZAO Kolkata] alleging some irregularity in the disbursement of IRDP loan with Police station Pun pun on 25.04.1990 and accordingly FIR was lodged against Shri P.N.Singh and one Shri B.Singh alleged to be his middleman on 25.04.1990 by Punpun Police Vide P.S.Case No. Punpun- 40/1990 (State Vs P.N.Singh). [Copy of complaint & FIR enclosed].

 At that time I was posted as Branch Manager PNB Pothahi (Dist. No. 2947).

 A few drafts have been issued by BO: Punpun and were payable and paid at BO: Pothahi.

 The bank has got thoroughly investigated the whole affairs by deputing two senior officers – one from HO and another from ZO Patna in the year 1991. One was some Vigilance Inspector from HO and another was Shri P.N.Prasad, the then senior Inspector. After submission of their report, bank has found 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 mind has decided that further action against me in that matter by the bank is unwanted and is not called for, and subsequently dropping the SSC against me in the year 1991 itself. However in case of Shri P.N.Singh it was instructed to “keep staff side against Sri P.N.Singh in abeyance till the case is pending in the court is decided”. Communication to this effect was sent by the Zonal Manager Zonal Office Patna to Regional Manager Regional Office Patna “A” vide ZO letter dated 12.10.1991. (may be verified from bank records at CO & HO) [ A reference letter dt. 08.05.2000 enclosed]

 The bank has treated my two days absence i.e. 26.10.1990 & 27.10.1990 on duty. (may be verified from bank records at BO, CO & HO)

 The bank has refused/denied the permission for my prosecution under section 197 of Cr.P.C. vide letter no. RMPA: I: C: Misc. dated 11.07.1992 to Police. (may be verified from bank records as well as court records available in case dairy Punpun case No. 40/90 State Vs P N Singh & others )

 In the final form submitted by the Police on 31.07.1998, my name was dragged into the case maliciously without any substance. The Police say that I was to be suspicious and not to order for payment of two drafts on 27.03.1990 bearing DD No. QQA 431735 (Branch S.No. 12/90) and DD No. QQA 431736 (Branch S.No. 13/90) dated 23.03.1990 for Rs. 4500/- each (issued by BO: Punpun and payable at BO: Pothahi) as a paying banker.

 Both the drafts in question were genuine and paid as per system & procedure of the bank.

 When my promotion to MMG III was due in 2000, a pseudonymous complain was lodged with ZO Patna against me in the said case. The then Zonal Manager ZO Patna (despite of the reply of then SRM Shri B.C.Nigam that Staff Side Decision has already been taken in the matter by the competent authority, and the order stands communicated to RMO vide ZO letter dated 12.10.1991 enclosing the copy of the order) instructed SRM Patna”A” to get a fresh investigation by some senior official especially to investigate again that the draft relating to 02 loan accounts in question for which Police has made accused Sh.S.S.M.Rahman were genuine and payment of the same has been made as per system and procedure of the bank. Accordingly LDM Patna was deputed to investigate the matter. Again authorities has come to the conclusion that both the drafts were genuine & found no mistake or irregularity in the payment of the drafts by the paying banker of which I was the Incumbent Incharge at the relevant period and accordingly file was closed at HO and I was promoted to MMG Scale III. (may be verified from bank records at CO & HO ; copy of letter dt. 10.10.2000 & 17.10.2000 in support is being enclosed )

 Again in the year 2004, a pseudonymous complaint was lodged by some fictitious person in the name of Shri Lal Mohan Yadav, leader Rastrya Janta Dal (non existent person) against some officials including me & Sri N.K.Niranwal, the then SRM Patna “A” (Presently GM PAD HO). The matter was got investigated by IZO Patna through Vigilance Officer, in which no truth was found and there after file was closed by HO (may be verified from bank records at CO & HO as well as from Sri Niranwal presently GM HO himself).

 Further on my retirement on attaining the age of superannuation, it is smelt that some people of vested interest from the available records of Circle Office Patna hatched a criminal conspiracy, and accordingly pseudonymous complaint was generated and lodged through email on the email id of jkgupta@pnb.co.in;akgupta@pnb.co.in; v.srinivasan@pnb.co.in; cmd@pnb.co.in; ed2@pnb.co.in; vigilance@pnb.co.in; copta@pnb.co.in; coptn@pnb.co.in and the authorities without verifying the genuineness of the complaint/identity of the complainant came into quick, swift and rapid action. They have taken the decision of invocation of Regulation 46 of PNB (Employees) Pension Regulation, 1995 against me on the date of my retirement on attaining the age of superannuation which is arbitrary and unreasonable, utterly discriminating and irresponsible conduct & behavior. The hurried and secret action of authorities without going through their own records, without giving me an opportunity to be heard and the action violating the basic CVC and bank guidelines (CVC & Bank guidelines enclosed) is not to be said as honest & bonafide act, as it “want of good faith”, clearly reflecting victimization, completely violating the principles / law of natural justice having basic error. The role of Manager-Law, Bank’s lawyer &……… seems to be dubious on the basis of following misleading informations submitted to HO by the Circle office Patna:

1. The bank advocate’s (dictated report) reporting my case as “Money Scandle” in his inspection report.
2. The bank’s advocate in his inspection report stated (falsely) that he has pleading my case before the court of law.
3. The Chief Manager Circle Office Patna without verifying the facts, send the opinion of advocate along with his own false, fabricated and misleading observation that allegation against me is defalcation of money while making payment under IRDP Scheme to beneficiary) vide his letter dated 16.08.2011 to HO.

Sir, when I have sought information from CPIO (CM)/FAA (CH) Circle Office Patna, CPIO (DGM MARD)/FAA (GM MARD) HO: New Delhi & DGM/GM PAD HO that why Regulation 46 of PNB (Employees) Pension Regulation, 1995 has been invoked against me, you must be ashamed by hearing their altogether 05 false & misleading replies that” Criminal case is pending against me before the CJM court Patna and judicial proceedings are in progress”.

Sir, I am enclosing the copy of bail granted to me in the instant case by the honb’le Court of Law, which will definitely open the eyes of PNB management that allegation against me is whether Money Scandal and defalcation of money in sanction/disbursement of loan or it is merely payment of two drafts of meager amounts as paying banker.

Sir, it is to bring to your kind notice that no criminal case was or is pending in the CJM court Patna against me. In the instant Punpun PS case No. 40/90 State Vs P.N.Singh and others ( not State Vs S.M.M.Rehman & others as reported by you to HO ) pending against others including me, the charge has still not been framed in the last 23 years . Can it be safely said that judicial proceedings are in progress ?

Sir. I have already provided you with the judgments of honb’le Patna High Court and different other honb’le courts including Supreme Court of India on payment of Gratuity under the Payment of Gratuity Act, 1972 on 20.05.2012 followed by my letters dt. 21.06.2012 & 18.08.2012, but still my terminals are not released.

Sir, the silence on the part of PNB management can be treated as denial of Justice ?

Keeping in view of above facts it is therefore once again requested that your honourable good self will look into the matter personally from your own desk for meeting the end of Justice without further delay as there must be some limit for harassment, humiliation and victimization.

With regards,

Yours Faithfully


(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: Shri K.R.Kamath CMD Punjab National Bank to look into the matter judiciously on the following facts please:
Sir,
(1) There is no provision in Regulation 46 of PNB Employees’ Pension Regulation, 1995 for withholding of Commutation of Pension and this fact has been again & again brought before the CH (Patna Circle), GM (PAD HO), your honourable goodself but it is rigidly, arbitrarily & illegally not released even after > 13 months of my retirement.
(2) There is no provision in law to withhold Gratuity of an employee by any employer when the Gratuity has been sanctioned under Payment of Gratuity Act, 1972. Under this Act there is provision of Forfeiture of Gratuity under Section 4(6) only.
The provision of withholding of Gratuity in Regulation 46 of PNB Employees’ Pension Regulation, 1995 is applicable only for those Gratuity which was sanctioned under Regulation i.e. under Regulation 46 of PNB (Officers’) Service Regulations, 1979.

I am sure that the CH Patna Circle must have realized their mistake by now and must have recommended my case (representation dated 16.10.2012 duly receipted by him on 17.10.2012) to you for justice.

It is earnestly requested that my this representation may please be acknowledged and grievances be redressed without further delay please.

(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.
Place : Patna
Dated: 21.11.2012
User840808
 
Oct 9, 2012

opening of ATM

Sir,I am consumer of "PNB" branch of barh(patna)."PNB" say that it's service of "ATM" are available 24hrs.but the "ATM" of "PNB" in barh(patna) PIN-803214 is not open 24hrs.it's only opne 12-13 hrs.
User675967
 
Feb 21, 2012

Non Withdrawal of Money from ATM

Dear Sir
Myself Rajkumar Rathore holding saving account no. 0886000100189119 with PNB DHAKRANI (Dehra Dun) branch.Today I used my PNB ATM card at SBI Herbert pur (Dehra Dun) branch but declined payment with slips, but debited Rs 3020/- two times within two minute. After 1 minute I used my ATM card at OBC Herbert Pur and I received Rs 3000/- and debited Rs, 3020/- to above account. Hence I received Rs. 3000/- only but debited Rs.9060/- to my account mentioned above. So please help me to credit Rs.6040/- to my above saving account.

Whole day I was tying to contact on PNB customer care no. 18001802222 and 01202490000 but in vein. I was asked to hold line for about more than 1 hour but nobody was there to attend me.
User631408
 
Dec 20, 2011

not open atm 24 hours

Punjab national bank provide 24hrs ATM service.but in my city barh(patna)-pin-803214 opposite of electric house ATM is not open 24hrs only 12-14hrs between 8am-9pm open.
due to such type of act we are facing very very problem
User261708
 
Dec 18, 2010

Non Withdrawal of Money from ATM

Dear sir,
1. I am holding a/c no-2913000101301746 in new market patna branch of Punjab national Bank.
2. On 24 july.2010, at 11.20 AM i tried to withdraw Rs 10000- through atm
card no-5126520066061826 of PNB from the ATM of HSBC,PATNA at
gandhimaidan,patna. However the transaction
was declined due to transaction time out reason. On
25 july,2010 when i checked my Account in PNB bank branch at kankarbagh, the amount of RS 10000/- was shown as debited from the said ATM.
3. In view of above may i requested Punjab Natinal Bank to kindly credit Rs 10000/- back to
my account as soon as possible, as i am a salaried employ and this money
was from my salary for the month of july.
4. I even lodged my complaint with complaint cell of PNB but no acknowledgement have been recieved from the Bank even uptill yetThanking you
5. I have logded complain on 27th July 2010 on PNB complaint No. 18001802222 and the complaint No. is 32385932 .
6. After that atleast 50 times I have called on the number and all the time , I have been told that your money will be credited in your account in 5 days or 7 days everytime.
7. On 7th Sep 2010 , when I called, they said that your money has been credited in your account by the other bank but the same amount has not been credited in my account till now.

Its my humble request to you, kindly look into this matter and take necessary steps so that I can recieve my money as soon as possible

Thanks & Regards,
Vimal Shankar Prasad

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