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humhongeykamyaab

Illegal recovery of Pension Over-payment by Bank

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humhongeykamyaab

Hi,

Need some clarity on how to draft the RTI for the information asked; Alternatively, please advice what other course of action to pursue?

 
Background:-

Case of Illegal Recovery of Pension by Public Sector Bank  (thereafter referred as PSB)

1) The PSB, the pension disbursal bank mistakenly overpaid the pension to the pensioner for 10 years;

2) No connivance or misrepresentation from the Pensioner; solely a mistake done by the Bank. 
The over payment was detected via a CAG Audit, and the mistake of the bank as well was pointed out in the same audit

3)Now the PSB has started recovering the Pension since last 3 years, illegally.

4)No recovery order or show cause notice has been ever issued to the Pensioner by the bank or any competent authority

5)This recovery is illegal as per Apex Court judgement on Rafiq Masih's Case- 
which states that no recovery can be done after 5 years of continual overpayment

6) The Pensioner has been forced to go to the court to seek redressal. Case is stuck in the court for the last 3 years

An RTI Was filed in May 2018/ Information sought and response received are as under:-

Q-2) Provide the list of all officials and their designation who dealt with this pension matter during Dec 2006 to Dec 2007 at CPPC and PSB Branch

Q-3) Name the officer who responsible for sanctioning the excess pension

Q-5) Please provide number of cases in your bank wherein excess amount of pension is being recovered

Response received (for all three questions, above) from CPIO: As informed by the Branch Manager of your branch : Information is not available

Q-4) Name the officer who is recovering my excess pension

Response received : The excess pension has been detected by the Performance Audit Team  under CAG and adviced via audit memo 36 dated XX 
                     to recover the amount of 10 Lakhs which is over paid since  1. 1. 2007. As such bank is recovering now and refunding the authority.

My Comment on Q-4:

It doesn't give the name of the officer who is recovering excess. Plus: The Audit Memo from CAG does not talk about recovery at- all. This has also
been mentioned in the affidavit by the pension sanctioning authority in the court where it states that CAG has not issued any order of recovery. So this response is misleading.

Unfortunately I was not able to file the First Appeal to the above response.

Should I file another RTI ? Is re-drafting of the questions needed? The bank is hell bent on shielding its errant officials and protecting them.  Please feel free to advise me on any other course of action as deemed fit. 

Thank You,
Andy
 

Edited by humhongeykamyaab
Being a public forum, I do not want to mention the bank by its name. Hence removed it from the above draft. Thank You

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Prasad GLN

Go for first appeal stating some health reason and pray for condoning the delay, and if FAA refuses to condone the delay then file fresh application.

While going for first appeal, seek personal hearing and depute a representative on your behalf.

You can consider the following:

FIRST APPEAL dt................under RTI.

Before: FAA,.........................State Bank of India,...........................

Against: CPIO,......................State Bank of India........................

Appellant:........................................................

Brief facts: Appellant has on...............solicited information as per RTI Application xeroxed on back of this appeal.  CPIO has responded vide his letter reference....................dt...............................

Grounds for Appeal:  CPIO has not provided correct and complete information as solicited.  Discussed in Annexure.

Condoning the delay:  Appellant could not file the First appeal in time within 30 days from date of receipt of the PIO response due to health reasons, and pray FAA for kindly condoning the delay, without giving scope for filing fresh RTI Application for incomplete information.

PRAYER:  Please permit for personal hearing and then deliver speaking orders directing CPIO to provide information as expeditiously as possible free of Cost.

 

Appellant.

 

Annexure

__________________________________________________________________________________________

Information solicited.............PROVIDED BY CPIO.............Specific information not provided by CPIO

__________1__________________2______________________________3-______________________

1

2

3

there on

_____________________________________________________________________________

 

 

With due respects, if a payment is made over and above eligibility, any one is having such rights to recover the amount paid by mistake.   It is not illegal.   Being a banker, if your cashier pays Rs.10000/- instead of paying Rs.1,000/- as a controlling officer, do you bring pressures on such payee to refund such excess amount or not.?  No one can benefit on mistakes and use it for unlawful gains.    Recovering the amount paid by mistake is not illegal.  However, bank should not recover from your account, once a credit is available in your account.  They have authority only to credit and not to debit for any other purposes without your consent as per SC Judgment  in Jammu and Kashmir bank case.

 

In this forum we always advise members to seek such information through which they can make further follow up to bring a logical conclusion to the issue.  Seek that information that helps you in the case, and by making such RTI applications on your own bank for their legitimate rights, do not spoil your image, reputation when the matter is already in court.

After all the errant officials  are your own colleagues and might committed mistake without expecting any unlawful gain.  Live and let live and focus on your issue.

Edited by Prasad GLN

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humhongeykamyaab

Check response submitted to quote

Edited by humhongeykamyaab
The same response has been posted as reference to quote. thank you

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Prasad GLN

Thanks for enlightening me on the subject.  Such feed back helps several members and purpose of the forum is served if message reaches large people, so that atleast one pensioner derives  ultimately benefits out of your posts.

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