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humhongeykamyaab

Illegal Recovery of Pensions by Bank (3)

Question

humhongeykamyaab

Hello!

Would need the inputs from the seasoned veterans here.

 

--The original RTI was filed on 23rd May, 2019 / No response was received from the PIO

--The first appeal was filed on 28th June, 2019 (with only one-line input- “no response received from the PIO within the prescribed time limit”/ Update as of now - No response has been received from the FAA till now.

--Mode of submission of RTI: Electronic, using the online portal.

A face to face meeting was done with the PIO and the GM of PNB regarding the case (see below) on the 1st July. It was further brought to the notice of the GM and the PIO that several RTI’s are pending for action from the Bank’s end; subsequently an email was sent to this effect. No response was received to this


Background: -

The case is filed against Punjab National Bank regarding the illegal recovery of Pension – which has been continuing for the last 3 years. The recovery is completely illegal and has solely risen on account of the lapse by the Bank. Due to this, the pensioner had no option left except to go for a legal recourse. The bank anyway proceeded with the recovery without a show cause notice, forcing us to seek reprieve @ Court. Anyway, now that the matter is sub-judice, the bank is citing this as a reason for stalling any request for- transfer of the Pension A/C to another bank.

We are using RTI to gather evidence and strengthen our case in a systematic way about the systemic lapses of the bank, assisted by the other stakeholders as well – which include the pension sanctioning authority as well as the CAG.

The Question / Issue at hand:

This RTI is filed to enquire about the progress/ action taken report on several representations sent to the CEO in Dec 2016 & Jan 2017.No response has been received from the bank on these representations. Hence the RTI. However, no response has been received even to the RTI or the First Appeal.

Question:

1)     Please recommend the next step. Should we file a second appeal with the CIC? Also am I within the time limit of filing the second appeal with the CIC, as the First Appeal was filed on 28th June.

2)     Any other alternate course of action which the experts here would recommend?

Thank you,

Andy

 

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Prasad GLN

Please go through sec.19 for time limits.  You can file second appeal within 90 days after your first appeal or within 90 days from receipt of FAA orders.  If there is reasonable delay, a formal request to IC for condoning the delay with second appeal  is enough, and I have not come across denial of such second appeals by IC, due to delay as stipulated in RTI Act.

RTI is a Road and not destination.  It can bring you information which exists in the material form under custody and control of Public authority and the applicant should use this information as a tool for further remedy.

When the matter is handled by an expert advocate in court, members may not dare to suggest any other remedies, but PNB is not correct in recovering any amounts from Pension without notice to pensioner or recovering any amount due from depositor to others from PENSION AMOUNT.  There are several judgments and you can make a search in google to find such facts and observations.

Generally common men approach Banking Ombudsman and/or Consumer forum if the complaint is on Bank alone, as no expenses are involved in the process.

Edited by Prasad GLN
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