An appeal under subsection 1 of section 19 of the right to information Act 2005.
Sought information of the appellant, reply of the central public information officer and submissions of the appellant are as follows.
An application under subsection 1 of section 6 of the right to information 2005 on behalf of Smt Rajesh Sharma wife of Late army personnel Brij Nandan Sharma to seek information from the regulatory body of the financial institutions in this country i.e. Reserve Bank of India.
The staff of the bank search for deliberate-cunning tricks to harass a woman because of corruption by misusing SARFAESI Act 2002 and violating the the RBI Master Circular on wilful defaulters vide RBI circular (RBI/2014-15/73 DBR.No.CID.BC.57/20.16.003/2014-15 dated July 1, 2015) SARFAESI Act proceeding can be issued even without notice to the borrower.
Central public information officer of the Reserve Bank of India may provide the following information to the information seeker point wise as follows.
1-Can Punjab National Bank auction the house of the applicant if there may be a balance of Rs.50 in C.C. Account of the applicant by misusing provisions of SARFAESI Act 2002?
Please provide a reasonable reply as Right to reason is the indispensable part of the sound administrative system.
Reply of the central public information officer is as follows.
What is being sought is an opinion not information as defined under subsection f of section 2 of the right to information act 2005.
Submission of the appellant is as follows.
The matter concerns the flexibility in the provisions of the SARFAESI Act 2002 before the central public information officer of the regulatory body which cannot be overlooked by the officer by taking the recourse that it is an opinion because SARFAESI Act 2002 provides the tremendous power to the secured creditors which are being misused by the banking institutions to promote the corruption in their working. Vijay Mallya, Nirav Modi and Mehul Choksi are its burning examples and big defaulters of the Punjab National Bank. Not a single coin could be recovered from them but on the other side of the screen Punjab National Bank is harassing tiny borrowers.
2-If the staff of the bank verified the stock in the year to cycle 2017 during the sanction of the loan and in the year 2022 during the renewal of the loan found the same, how can Punjab National Bank may cancel the renewal application in the name of insufficient stock?
Provide the mechanism available to the reserve of India against such corrupt practices of the Punjab National Bank.
Reply of the central public information officer is as follows.
What is being sought is an opinion not information as defined under subsection f of section 2 of the right to information act 2005.
Submission of the appellant is as follows.
Even a common man will reply in it that it is illegal and not possible and if it has been done by the Punjab National Bank then it is corrupt practise and it must be curbed by the regulatory body. Undoubtedly later you provided the mechanism but you did not provide the information concerning the corruption in the banking institution which is obligated duty of the Reserve Bank of India to curb it. Central public information officer might reply as no it is not feasible and to curb such practises detail mechanism is as follows. This shows the incompetence of the central public information officer.
3-Provide the provision of SARFAESI Act 2002 which allows auction notice in 2019 then renewal of C.C. Account and then one more auction notice in 2023 without due proceedings of law. Please provide the number of auction notices that can be served to a borrower for the auction of the mortgage and the interval of time between them.
Reply of the central public information officer is as follows.
What is being sought is an opinion not information as defined under subsection f of section 2 of the right to information act 2005.
Submission of the appellant is as follows.
Central public information officer of the regulatory body had to say in its reply single notices would be served under SARFAESI Act 2002 thereafter reminders may be if compulsory are issued but he had to conceal information as established practice which is the root cause of the denial of the information concerning with the deep rooted corruption in the banking institution. This is the root cause reserve buying of India is failed to curb the corruption in the financial institutions which has reached at the zenith.
4-Provide the provision of SARFAESI Act 2002 which allows the chief manager to serve multiple arbitrary notices to the borrower by the chief manager Punjab National Bank as done in this case.
Reply of the central public information officer is as follows.
What is being sought is an opinion not information as defined under subsection f of section 2 of the right to information act 2005.
Submission of the appellant is as follows.
Central public information officer of the regulatory body had to say in its reply No such provisions exist under SARFAESI Act 2002, only single notice is served thereafter reasoned reminders may be if compulsory are issued but he had to conceal information as established practice which is the root cause of the denial of the information concerning with the deep rooted corruption in the banking institution. This is the root cause reserve buying of India is failed to curb the corruption in the financial institutions which has reached at the zenith.
5-It must be noted that the applicant from 27-10-2021 to 02-08-2023, has Deposited 3067312.83 Lack In PNB CC account - 0069008700013264. Punjab National Bank did not renew C.C. Loan by arbitrarily saying agency submitted stock Rs.704890 however Om Gas Agency has stock Rs.70 Lakhs.
Please provide the provision of law which gives the arbitrary powers to the chief manager of Punjab National Bank to deal with the renewal application of the applicant Also provide information how the Regulatory body Reserve Bank of India curb such unlawful practices. Please made available the mechanism.
Reply of the central public information officer is as follows.
What is being sought is an opinion not information as defined under subsection f of section 2 of the right to information act 2005.
Submission of the appellant is as follows.
How can it be justified to deny every information concerning with the corruption in the working of the banking institutions by their regulatory body reserve bank of India? It is quite obvious that Punjab National Bank through its chief manager Bulandshahr
is keeping the rights of women belonging to vulnerable section at the bay.
Transparency and accountability is a must in the dealings of the regulatory body Reserve Bank of India so the central public information officer of the RBI must provide sought information.
Widow of army personnel paid Rs.4087020 against cash credit loan account balance Rs.4350939.07 to Punjab National Bank after O.T.S. still exploitation of woman through mental and physical torture by cancelling renewal application arbitrarily.
Online RTI First Appeal Status Form
Enter Registration Number RBIND/A/E/23/00732
Name Yogi M P Singh
Received Date 03/10/2023
Public Authority Reserve Bank of India
Status APPEAL DISPOSED OF
Date of action 10/11/2023
Reply :- The appeal is dismissed.
View Document
First Appellate Authority Details :- Dr[dot] Deepak Kumar
Phone: 022-22601000
aaria[at]rbi[dot]org[dot]in
Nodal Officer Details :-
Telephone Number 022-22610352
Email Id cpiorbi[at]rbi[dot]org[dot]in
Online RTI Appeal Form Details
RTI Appeal Details :-
RTI Appeal Registration number RBIND/A/E/23/00732
Public Authority Reserve Bank of India
Personal Details of Appellant:-
Request Registration Number RBIND/R/E/23/04849
Request Registration Date 29/08/2023
Name Yogi M P Singh
Gender Male
Address Surekapuram colony, Shri Laxmi Narayan Baikunth Ma , Riva Road, Mirzapur city PIN Code 231001
Country India
State Uttar Pradesh
Status Urban
Educational Status Literate
Above Graduate
Phone Number Details not provided
Mobile Number +91-7379105911
Email-ID yogimpsingh[at]gmail[dot]com
Appeal Details :-
Citizenship Indian
Is the Requester Below Poverty Line ? No
Ground For Appeal Refused access to Information Requested
CPIO of Public Authority approached CEPD - Smt. Neena Rohit Jain
CPIO's Order/Decision Number Details not provided
CPIO's Order/Decision Date
(Description of Information sought (upto 500 characters)
Prayer or Relief Sought
The matter concerns the flexibility in the provisions of the SARFAESI Act 2002 before the central public information officer of the regulatory body which cannot be overlooked by the officer by taking the recourse that it is an opinion because SARFAESI Act 2002 provides the tremendous power to the secured creditors which are being misused by the banking institutions to promote the corruption in their working. Vijay Mallya, Nirav Modi and Mehul Choksi are its burning examples and big defaulters of the Punjab National Bank. Not a single coin could be recovered from them but on the other side of the screen Punjab National Bank is harassing tiny borrowers.
For the more detail, appeal is attached to this online application in pdf form with supportive evidences.
Supporting document (only pdf upto 1 MB)