Punjab National Bank denied information concerning fugitive Nirav Modi so second appeal made against CPIO and FAA of PNB




 

Gmail Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>

Online appeal application submitted

1 message

Central Information Commission (CIC) <no-reply@nic.in> 22 October 2023 at 10:35

To: yogimpsingh@gmail.com

Cc: feedback-cic@gov.in

Dear Yogi M P Singh,

Your online appeal is diarised. Details are given below:

1 Diary Number 649509

2 Diary date 22-10-2023

Please logon to : www.cic.gov.in for any further details.

Regards,

Central Information Commission (CIC)

Gmail Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>

Punjab National Bank is not providing any information to the information seekers and FAA blindly supports stand of CPIO.

1 message

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 22 October 2023 at 06:39

To: Anjali Anand Srivastava <secy-cic@nic.in>, rticellho@pnb.co.in, mohansingla@pnb.co.in, President Secretariat <presidentofindia@rb.nic.in>, supremecourt <supremecourt@nic.in>

An appeal under subsection 3 of section 19 of the right to information act 2005 against central public information officer Punjab National Bank who did not provide the information to the appellant on the flimsy ground while the matter concerns the deep rooted corruption in the working of the public authority Punjab National Bank.

To

                                  Chief Information Commissioner of India

                                The Central Information Commission,

                                            Baba Gangnath Marg, Munirka,

                              New Delhi - 110 067

Appellant –Yogi M. P. Singh, Mohalla-Surekapuram,Shri Laxmi Narayan Baikunth Mahadev Mandir ,

Riva Road, District-Mirzapur, Uttar Pradesh, Pin code -231001, Mobile number-7379105911

                Versus

1-Central Public Information Officer, Punjab National Bank, E[dot]J JEROME JOHN

Phone: 011-28044540

rticellho@pnb.co.in

2-First Appellate Authority, Punjab National Bank, SANJEEV KUMAR DHUPAR

Phone: 011-28044540

rticellho@pnb.co.in

Prayer-Instead of pursuing the path of negative approach of not providing information, CPIO Punjab National Bank must provide the information-to-information seeker/appellant in the matter concerning deep rooted corruption, lawlessness and anarchy lowering the dignity of the nationalized banks due to lack of transparency and accountability in the working. 

The information sought by the information seeker-

CPIO may provide the following information to the information seeker point wise as follows.

1-Nirav Modi is accused of a scam of more than 12 thousand crore rupees in Punjab National Bank.  Nirav Modi has reportedly left the country in January.  

CPIO may provide the information regarding the recovery of loan from Nirav Modi and what amount they have recovered from the big defaulter Nirav Modi uptill now.

2-CPIO may provide the information regarding the action taken against the staff of the bank whose dereliction of duty resulted in such a big defaulter which caused heavy loss to the Punjab National Bank. Your information must include time of action, name and designation of the staff.

3-If any inquiry committee has been nominated by the Punjab National Bank in the matter then provide its details and its members detail as well with name and designation of such members.

4-CPIO may provide the name and designation of all the accountable staff of the Punjab National Bank who approved such a huge loan to a single businessman like Nirav Modi who is a proven defaulter now.

5-CPIO may provide the current status of the loan recovery from Nirav Modi. CPIO must also provide the amount of the loan that has been recovered from Nirav Modi and his guarantors. Please provide the total amount of the loan taken by Nirav Modi.

CPIO may provide the aforementioned 5 points information within stipulated time as prescribed under subsection one of section 7 of the right to information act 2005

The information denied by the Central Public Information Officer as-

With respect to your query in point no. 1 to 5 it is submitted that the information sought

pertains to the matter, which is presently under investigation by various investigative

agencies and/or under prosecution before the Hon'ble courts.

Any disclosure thereof during currency of such proceedings would impede the

the process of investigation therefore cannot be provided as the same is exempted from

disclosure u/s 8(1) (d) & 8(1)(h) of RTI Act 2005.

Kindly acknowledge.

Please note that if not satisfied with the information provided, as above, you may file an appeal

within 30 days under the provisions of Right to Information Act, 2005 before the First

Appellate Shri Sanjeev Kumar Dhupar, General Manager, 3rd  floor, East wing (A), Plot no.4, Sector - 10, Dwarka, H.O.: New Delhi - 110075.

                                                 (E.J Jerome John)

                                    Central Public Information Officer

Short submissions of the appellant are as follows.

1-CPIO replied as- With respect to your query in point no. 1 to 5 it is submitted that the information sought

pertains to the matter, which is presently under investigation by various investigative agencies and/or under prosecution before the Hon'ble courts.

Any disclosure thereof during currency of such proceedings would impede the process of investigation therefore cannot be provided as the same is exempted from disclosure u/s 8(1) (d) & 8(1)(h) of RTI Act 2005.

2-Here it is quite obvious that reasons for denial of sought information to information seeker are  section 8(1) (d) & 8(1)(h) of RTI Act 2005.

3-Under subsection 1d of section 8 of Right to Information Act 2005, following information is exempted from disclosure-

information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

4-Nirav is a proven-cheater because he ran away from due proceedings to be carried out under the law of land. He cheated the public money from Punjab National Bank by colluding with the corrupt staff of the bank. In this matter there are no commercial confidence, trade secrets and intellectual property so its disclosure would not harm the competitive position of fugitive Nirav Modi living abroad.

5-Large number of people are affected with the cheating activity of the Nirav Modi who want transparent and accountable dealings by bank in the recovery of assets cheated by Nirav Modi so that Punjab National Bank may not be bankrupt because of numerous cheating activities took place in the bank by colluding with its corrupt staff.Therefore larger public interest warrants disclosure of sought information by the appellant.

6-Under subsection 1 h of section 8 of Right to Information Act 2005, following information is exempted from disclosure-

information which would impede the process of investigation or apprehension or prosecution

of offenders;

The process of investigation is not being carried out by Punjab National Bank and job of apprehension and prosecution of offenders also do not belong to Punjab National Bank and its job is simple to secure the saving of customers so it should not run away from disclosure of recovery amounts as secured creditors as done with the medium borrowers by applying provisions of SARFAESI Act 2002 provides extraordinary powers to the banks. You make the borrowing money medium borrowers' non performing assets through your cryptic dealing and auction their properties even when they deposit your interests timely and loan amount is much less than the limit of loan.

7- Most respected sir, first appellate authority of the Punjab National Bank says that he concurred with denial of the information by the central public information officer. It is most unfortunate that without application of the rational mind by the first appellate authority he reached the illogical conclusion of supporting the illegal stand of the central public information officer which will only increase the corruption in the working of the public authority. Entire documents concerning this representation are attached as PDF documents.

Please direct CPIO to provide information above 5 points as sought by the appellant from the central public information officer. It is an obligatory duty of the staff of Punjab National bank not to create a Sahara India like situation. Honourable Sir may take the perusal of the following two pages which is the reply of the public information officer under his sign.  

This is a humble request of the applicant to you Hon’ble Sir that how can it be justified to withhold public services arbitrarily and promote anarchy, lawlessness, and chaos in an arbitrary manner by making the mockery of law of land? This is the need of the hour to take harsh steps against the wrongdoer in order to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this, your applicant shall ever pray to you, Hon’ble Sir.                                               

                                                                               Yours sincerely

Date-22/10/2023              Yogi M. P. Singh, Mobile number-7379105911, Mohalla- Surekapuram, Riva Road, District-Mirzapur, Uttar Pradesh, Pin code-231001.

6 attachments

Appeal.pdf

174K

RTIapplication.pdf

167K

ReplyDocAppeal.pdf

151K

Appealsupportdoc.pdf

317K

ReplyDocRTI.pdf

48K

RTIsupportdoc.pdf

120K

To see the second appeal submitted by the appellant, please click on the link

Yogi

An anti-corruption crusader. Motive to build a strong society based on the principle of universal brotherhood. Human rights defender and RTI activist. Working for the betterment of societies and as an anti-corruption crusader for more than 25 years. Our sole motive is to raise the voices of weaker and downtrodden sections of the society and safeguard their human rights. Our motive is to promote the religion of universal brotherhood among the various castes communities of different religions. Man is great by his deeds and character.

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