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humhongeykamyaab

Illegal Recovery of Pensions by Bank (2)

Question

humhongeykamyaab
Posted (edited)

Namaskaram.

Can i use RTI to redress the following situation? It is pertaining to Illegal Recovery of Pension- by a very well known PSB (Public sector Bank).

This is a highly escalated case and sub-judice case; Bank is recovering the Pension without a order of recovery from any competent authority. After exhausting all redressal mechanisms, a letter was written to the Chariman of the PSB- with verifiable facts - and copied to the CVO - chief vigilance officer of the bank to initiate the investigation. The bank is protecting its own staffers who are responsible for the mess and it is stonewalling all such requests for investigation. The said letter was written in January 2017- for which no response was received either from the Chariman's office or the CVO. On following up on phone with the Chariman's office and CVO's office- they did not have any record of the letter written to them.

Another complaint was written to the CVO of the bank a month back- again on following up with the officer designate, they were non-committal of the response. The complaint is not even acknowledged, no reference number is generated, no guidelines exist about the duration under which the investigation would be completed.....in fact the whole process of addressing the issues to CVO is a hogwash (perceptibly, in my experience) as nothing comes out of the process.

On the contrary - letters written to the CVC are acknowledged with complaint numbers/ reference numbers and there is a guideline for finishing the investigation in a fixed time period.

 

 My Question is: 

Can I use RTI in the above case & how? What should be the questions that I should frame? 

If you need any further inputs, please let me know.

thank you everyone.

Regards,

Andy

 

Edited by humhongeykamyaab
diffrentiating the header title as all my questions are pertaining to this only. thank you

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Prasad GLN

The most effective way is Grievance redressal.  You have to file grievance and then go to Lokpal for first appeal.  They are really responding quickly (Albeit, denying the grievance).  This is new and you can find effective disposal.  Now that you have completed the first step, going for Lokpal is best alternative.

You can also lodge Grievance for pensioners on line, as you are from public sector bank

With RTI you can only seek information on record.  As you have field the case and know much better than your employer, you are aware of their stand.

The third process is filing petition for expediting the process, as you are a pensioner.

CVO etc., are useless and unless you have influence and money, you can not make single complaint move in any Government authority.

You are an expert in the matter.  My simple suggestion is do not distract your focus from the main issue, as referring the issue to various dept., involves spending time on useless things without any ultimate result that benefit to you.  You can only bring pressures through various authorities only if your employer is sincere, but if he is lethargic, the simple post office job of other depts., in just enclosing your application and asking your employer to look into the matter, you can not expect any possible action from any of those authorities.  These kinds of copy to PMO, Copy to P.Secretariat lost it's luster. 

 

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humhongeykamyaab
Posted (edited)
13 hours ago, Prasad GLN said:

The most effective way is Grievance redressal.  You have to file grievance and then go to Lokpal for first appeal.  They are really responding quickly (Albeit, denying the grievance).  This is new and you can find effective disposal.  Now that you have completed the first step, going for Lokpal is best alternative.

You can also lodge Grievance for pensioners on line, as you are from public sector bank

With RTI you can only seek information on record.  As you have field the case and know much better than your employer, you are aware of their stand.

The third process is filing petition for expediting the process, as you are a pensioner.

CVO etc., are useless and unless you have influence and money, you can not make single complaint move in any Government authority.

You are an expert in the matter.  My simple suggestion is do not distract your focus from the main issue, as referring the issue to various dept., involves spending time on useless things without any ultimate result that benefit to you.  You can only bring pressures through various authorities only if your employer is sincere, but if he is lethargic, the simple post office job of other depts., in just enclosing your application and asking your employer to look into the matter, you can not expect any possible action from any of those authorities.  These kinds of copy to PMO, Copy to P.Secretariat lost it's luster. 

 

Namaskaram Prasad Ji,

Thank you for the suggestion to go to Lokpal. It is new to me so am not aware if we can knock at the door for Lokpal.

Sir, some clarifying (perhaps - stupid) question(s). What do mean by the Lokpal responds quickly albeit denying the grievance? About the role of Lokpal, am yet to do my research....but let's say if I have a grievance of bank- any grievance, and if the bank does not give me a satisfactory response to it, can I go to Lokpal? Or for that matter - let's say if for some issue, Railways need to refund me my ticket cost- and they don't do it despite reminders for over a year, Can I go to a Lokpal?

Summing up to ensure my understanding is correct:-

Issue was raised to the bank for investigating the negligence of over payment and fixing the responsibility- nothing came out of this. Follow up of status request or update was sought from the PSB via an RTI,  but nothing came out of the RTI - it has been more than 38 days now. Second complaint was made to investigate the issue to CVO...been more than a month....telephonic followup was inconclusive. Was asked to check after a month. Meanwhile the case is ALREADY sub-judice at the Central Admin Tribunal. For sure, both the CAG and PCDA have pointed a finger at the bank stating that they have proceeded without an order of recovery from any competent sanctioning authority. The bank's culpability has been pointed out in the Affidavits. The bank is merrily making the recovery....and they will stop only when the court orders them to.

My clarifying question is, in the exact above case, Can I approach the LOKPAL in this sub-judice case, with the grievance that:

1) Bank has not conducted an internal enquiry or investigation to fix culpability despite written representations to CVO and Chairman

2) No recovery order exists yet they are deducting the pensions.

Is it under Lokpal's purview to order the bank to conduct the enquiry, and / or  order them to stop the recovery? 

Can the Lokpal reject the case stating that the grievance no 2 is already being under adjudication by CAT....?

Just a few disclosures:

"You can also lodge Grievance for pensioners on line, as you are from public sector bank" - Sir, the pension disbursing authority is a Public sector bank. The case is that of my father who used to work for Defense. I am fighting the case on his behalf as he is too old to do this.

"The third process is filing petition for expediting the process, as you are a pensioner"

You mean, for expediting the Case in CAT- filing an application at High Court for expediting the hearing?

Thank you,

Andy

PS: The Pensioner and the PDA bank is in Bihar, Patna. The PCDA is in Allahabad.

the Bank HQ is in Delhi....if the case has to be filed with Lokpal- do we file it with Lokpal or Lokayukta - Bihar. 

 

 

Edited by humhongeykamyaab
Adding few things/ comments

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Prasad GLN

The petitions should be built in a manner to seek those reliefs different from what was subjudice in CAT/Courts while filing petition before Lokpal.  Please search website of Lokpal.

Lokpal is for hearing of first appeal on grievances not redressed.

There is also Parliament Petitions Committee, and the secretariat is most effective and that can not be said on Study committee of Parliament members that hear the well prepared questionnaire and replies from your bank.

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