Shri B.K.Sinha (PF No. 48759) 07.01.2014
Chief Manager, PAD,
HO: 7, Bhikhaiji Cama Place, New Delhi – 110607.
Dear Sir,
Ref: Your letter PAD/MR/31332 dated 13.12.2013 sent by speed post No. ED 09307192 5IN dated 24.12.2013 in reference to my email dated 08.11.2013 addressed to CMD.
Reg: My complaint against Abuse of authority, colourable exercise & misuse of power, illegal withholding of my Gratuity sanctioned under Payment of Gratuity Act 1972, withholding of my sanctioned Commutation of Pension without any authority, Gross violation of PNB & CVC guidelines, Intentional violation of Principles of Natural Justice, Concealing facts & False reporting to HO: PAD by the authorities of PNB Circle office Patna – with prime motive of harassing, humiliating, victimizing and punishing me without any excuse, irregularity, lapses or fault.
Please refer to your letter PAD/MR/31332 dated 13.12.2013 and kindly take note of my relieving letter HRD:MR:RET dated 30.09.2011 prepared by you [B.K.Sinha (PF No. 48759) as Senior Manager HRD Circle office Patna] and signed by CH CO Patna informing me as “ On attaining the age of superannuation on 30.09.2011 you are hereby relieved today from the bank service. Your retirement dues have been settled as per the Regulation 46 of PNB (Employees) Pension Regulation, 1995. We wish you a healthy and prosperous life.” The said letter was without any speaking order (furnishing any detail/reason/information) for punishing me under Regulation 46 of PNB (Employees) Pension Regulation, 1995. [ You are fully aware of the fact - that in case of nonpayment of Gratuity (A non Speaking order is not tenable - P&H High Court 19 LLR Jan. 2013); ( An order without hearing is not tenable - P&H High Court 23 LLR January 2013); ( Without notice to employee and passing specific order is not sustainable – Ker. High Court 565 & Bombay High Court 648 LLR June 2012)]
[Being the person working in HRD section/deptt./Div. you are well known of the Cardinal Rule among the different rules of Natural Justice that “ No one shall be condemned unheard”. An order affecting rights of a person or having adverse consequences on him, should not be passed without affording a hearing to him. Principle laid down by the Supreme Court of India that a decision visiting or order which involves Civil Consequences cannot be taken without affording of opportunity of being heard to the affected person; otherwise, it would be against the Principles of Natural Justice.
“ Civil Consequences undoubtedly cover infraction of not merely property or personal rights but of civil liberties, material deprivations and non pecuniary damages. In its comprehensive connotation, everything that affects a citizen his civil life inflicts a Civil Consequences”. In the instant case of mine at hand the decision of punishing the employee who has rendered his entire illustrious and unblemished career putting his youth and prime of life in the service of the Bank, without any irregularity, lapses or fault and that too without hearing him is definitely an order having adverse Consequences on him.
The provision of withholding of Gratuity under Regulation 46 of PNB Employees’ Pension Regulation, 1995 is applicable only for that Gratuity which are sanctioned under Regulation i.e. under Regulation 46 of PNB (Officers’) Service Regulations, 1979 {Punjab National Bank has pleaded this fact before the Supreme Court of India in CIVIL APPEAL NO.9087 OF 2012 decided on December 14, 2012 Y.K. Singla Vs Punjab National Bank & Ors}. The motive of formulation of Regulation 46 of PNB Employees’ Pension Regulation, 1995 is only to recover any loss, damages and liabilities which the Bank may at any time sustain or incur by reasons of any dishonest act, deed or omission or gross misconduct committed by the employee in discharge of his duties. [It is height of affairs on the part of PNB that when the Bank has not incurred any loss or damage in terms of money or reputation by any act/omission of the applicant (me) & neither is there finding that the applicant (me) had committed any misconduct in discharge of his duties during his entire illustrious and unblemished career of 34 years in the Bank, then which of the recovery bank wants from the applicant (me) by invoking Regulation 46 of PNB Pension Regulation is astonish able ?].
As such the act of PNB management in withholding my Gratuity sanctioned under the Act is totally arbitrary, malafide, Whimsical and illegal with sole motive of Vengeance & Victimization. The Learned Controlling Authority under the Payment of Gratuity Act, 1972 has also termed the act of withholding of Gratuity by PNB as illegal and concluded the act of Bank as wrong ab- initio and passed the order for Payment of Gratuity with interest amounting Rs. 11,25,000/- (Gratuity Rs. 10,00,000/- + interest Rs. 1,25,000/- up to 31.12.2012) to me vide order dated 07.01.2013 but the bank has not complied with the order. Since the Gratuity has been paid to me on 25.09.2013, the bank is liable to pay the interest w.e.f. 01.01.2013 to 25.09.2013. The instant guideline for payment of INTEREST ON GRATUITY PAYABLE UNDER ACT by the Punjab National Bank is given by the bank through its Personnel Div. Cir. No.1565 dtd. 16-01-1997 is “As per provisions of the payment of Gratuity Act 1972, the bank has to pay full amount of gratuity within 30 days from the date it becomes payable to the person to whom gratuity is payable. If the amount of gratuity payable is not paid by the bank within the specified period (30 days), the bank has to pay from the date on which the gratuity becomes payable to the date on which it is paid, simple interest @ 10% p.a. provided that no such interest shall be payable for delay in the payment due to the fault of the employee.”
Further the withholding of my Commutation of Pension is without any authority. Since you are a party to the criminal conspiracy hatched against me and are fully aware of the fact that when I have asked from the Circle Head, Patna; DGM PAD Head Office, New Delhi & even from our worthy CMD through more than a dozen complaints about “ Please let me Know that when there is no provision of withholding of Commutation of Pension under Regulation 46 of PNB (Employees) Pension Regulations, 1995, then why the sanctioned amount of commutation of pension Rs. 7,08,792/- sanctioned by the competent authority vide sanction dated 30.08.2011 has not been paid to me since 01.10.2011”. You may be ashamed to know that the reply of any of my letters from the above authorities is like Mirage in desert, none of my complaints have even been acknowledged and the authorities are keeping mum on the issue and now you are saying (vide letter No. PAD/MR/31332 dated 13.12.2013) that bank withheld commutation of pension under Regulation 47 of PNB Employees Pension Regulation, 1995. When you have settled (arbitrarily, illegally & malafidely) my retirement dues as per Regulation 46 of PNB (Employees) Pension Regulations, 1995 on 30.09.2011, then from which corner new Regulation 47 came today ?
The act of PNB is whimsical in withholding my commutation of pension without authority for two complete years despite large number of representations, requests and complaints by me with prime motive of Vengeance & Victimization. For this very illegal & malafide act, the Bank is liable for heavy interest with penalty and compensation.
Can I got justice now & by what time I will be paid penalty & compensated for this very illegal, malafide, arbitrary and unreasonable, utterly discriminating, irresponsible act and behavior of authorities punishing me without any irregularity, lapses or fault which ultimately tarnished and damaged my hard earned life time prestige, image, dignity, fame, goodwill, respectability, reputation in the Bank, Society and even in the Family and injected me the agony of mental & physical suffering and torture on ongoing basis for two long years and for this illegal act on the part of PNB authorities, the marriage of my daughter which was fixed and settled to be solemnized on 18.11.2011& again the same was fixed for 20.09.2013 could not be held due the only fact that the retirement benefits had not been paid to me. The extent of cruelty and caprice, malafides and malevolence, unkindness and unfairness & arbitrary acts of the authorities of PNB Circle Office Patna would be apparent from the records.
As you are party to the whole episode and well aware of the modus operandi, you must appreciate :
That under Criminal Conspiracy two Pseudonymous complaints got lodged at the behest of authorities of CO Patna.
The PAD HO sent the said Pseudonymous complaints with their letter No.PAD : MR: 31332: 305 & 323 dated 15.07.2011 to CH CO Patna for factual position along with their views/recommendations on the matter.
The said letter of HO was received by CO Patna on 20.07.2011 under dak receipt No. 575 and put up to Circle Head, who marked it to you (HRD) but you without putting your note handed over the letter to Gopal Krishna (PF No. 97091) RTI In charge & Manager Law. The said letter received on 20.07.2011, put up to Circle Head on 20.07.2011, handed over to HRD on 20.07.2011, HRD handed over the letter to RTI / Law Section on 20.07.2011 and you and Manager law got the note put up under the signature of Shri Gopal Krishna on 20.07.2011 to AGM/CH ignoring the CM (HRD/CPIO/LAW/SAMD) with some of the major points which were nowhere existed in the complaints or in the letter of HO PAD dated 20.07.2011, which infers the theory of Criminal Conspiracy. [ Supreme Court of India in their judgment in Laxminarayan Joshi and ors. Vs the State of Maharastra and ors. AIR 1960 S.C. 439 observed “ a Criminal Conspiracy is always hatched in secrecy and it is impossible to adduce direct evidence of the same. The offence can only be proved largely from the inferences drawn from acts or illegal omissions committed by the conspirators in pursuance of a common design.]
Thereafter authorities [the AGM (PF No. 31504) and Circle Head CO Patna (PF No. 33010)] without identifying and verifying the complainant, without verifying their own records, without affording any hearing to the employee (me), with prime motive to tarnish and damage my hard earned life time prestige & to harass and humiliate me took cognizance on pseudonymous complaint (Grossly violating the instructions envisaged in PNB HRD Div. DO letter dated 10.08.1999, PNB HRD Div. Circular letter No. DAC/CVC/3/2000 dated 14.06.2000 & DAC/CVC/2/2002 dated March 30,2002, PNB Vig. Deptt. Internal Circular VIG/POL/44 dated 07 November 2002, CVC’s instruction No.3(v)/ 99/2 dated 29th June 1999; CVC Circular No:98/DSP/9 Dt:31.01.2002; CVC Circular OM No:98/DSP/9dated 11.10.2002) and instructed Shri Gopal Krishna (PF No. 97091) to contact the bank lawyer and get his opinion/report as per desire and design. From this stage Shri P.K.Jain CM – HRD/CPIO/Law (PF No. 43455) has contributed his might for the common cause of his Manager Law, Sr. Manager HRD, AGM & CH. A letter dated 16.08.2011 prepared by Shri Gopal Krishna Manager Law (PF No.97091) and signed by Shri P.K.Jain CM – HRD (PF No. 43455) has been prepared and sent to HO PAD enclosing therewith documents including Shri Sanjay Kumar (Advocate) Inspection Report dated 09.08.2011[Maliciously reporting my case as Money Scandal and falsely reported that he is conducting my case in the judicial proceeding before the court of law]. The letter dated 16.08.2011 has also falsely, vexatiously & malafidely reported the allegation against me as defalcation of money while making payment under IRDP Scheme to beneficiary by the Manager law (PF No.97091) & CM HRD (PF No. 43455) consented by the AGM (PF No. 31504) and Circle Head CO Patna (PF No. 33010) . The above authorities thus committed offence under the following section of IPCs:
• Section 119 of Indian Penal Code 1860 provides for prosecution of a Public Servant “Concealing Design to commit offence which it is his duty to prevent”.
• Section 120, 120A & 120B of Indian Penal Code 1860 provides - 120 - Concealing design to commit offence punishable with imprisonment, 120A - Definition of criminal conspiracy, 120B - Punishment of criminal conspiracy.
• Section 166 of Indian Penal Code 1860 provides for prosecution of a Public Servant “Disobeying law, with intent to cause injury to any person”.
• Section 167 of Indian Penal Code 1860 provides for prosecution of a Public Servant “framing an incorrect document with intent to cause injury”.
• Section 177 of Indian Penal Code 1860 provides for prosecution of a person “Furnishing False information”
• Section 182 of Indian Penal Code 1860 provides for prosecution of a person making “False information, with intent to cause public servant to use his lawful power to the injury of another person”.
“ The offence of giving false information to a public servant with intent to cause the public servant to use his lawful power to the injury of another person is an offence involving moral turpitude - Baleshwar Singh Vs District Magistrate and Collector Banaras, AIR 1959 All 71 ”.
According to Banking Regulation Act, 1949 : Section 10(1)(6)(i) which inter alia, provide that no bank shall employ or continue the employment of, any person who has been convicted of an offence involving moral turpitude.
The letter dated 29.09.2011 sent to Chief Manager – PF & Pension Fund Department, HO by Chief Manager HRD Circle Office, Patna [Prepared by Senior Manager HRD (Shri B.K.Sinha), signed by Chief Manager HRD (Shri P.K.Jain), vexatiously and malafidely consented by AGM (Shri A.K.Gupta) [despite knowing the fact that under Regulation 46 of PNB (Employees) Pension Regulations, 1995, the bank has not been enshrined even a remotest power to withhold Commutation of Pension of an employee] utilizing abuse of authority & unaccountable misuse of power, instructed Chief Manager – PF & Pension Fund Department, HO to illegally withhold my sanctioned amount of Commutation of Pension.
When I have asked the reasons for invocation of Regulation 46 of PNB (Employees) Pension Regulations, 1995 from CH CO Patna & GM PAD HO, both of them has furnished False information. CO Patna vide their letter dated 31.10.2011 prepared by you (Shri B.K.Sinha) and signed by your CM HRD & HO PAD vide their letter No. PAD/MR/31332 dated 12.10.2011 signed by DGM; further the CPIO/DGM MARD HO letter dated 12.01.2012, 12.03.2012 under Right to Information Act; PF & Pension Fund Deptt. HO letter dated12.08.2013 informing therein the False information that “ Criminal case is pending against me before the CJM Court Patna and Judicial proceedings are in progress”. HO MARD Div/ HO PF & Pension deptt. has stated that information so furnished was as advised by CO Patna. The above authorities has committed offence under section 177, 182 of the Indian Penal Code 1860 involving Moral Turpitude.
Copy of my letter dated 05.03.2012 through which it was brought to the knowledge of Circle Head that Shri Sanjay Kumar (Advocate) has stated that he has issued his report under pressure and threat from CH through Sri Gopal Krishna. Neither the fact is denied nor any action has been taken against the Bank’s advocate/Manager Law or any other guilty persons till date.
On the one hand when the bank advocate has submitting the false, malicious, vexatious and malafide reporting and the same has been reported to HO without verification and on the other hand the bank advocate has saying that the report has been obtained under threat & coercion by Shri Gopal Krishna. Further the CPIO/ CM-HRD vide his letter dated 21.12.2012 informed me that – We depanel the advocate if found guilty of furnishing wrong, malicious and fabricated information to the bank and also take action at Bar Council. But till date no action has been taken against Bank Advocate/ Manager Law as assured by CM HRD in presence of present AGM CO Patna in the meeting organized by present CH CO Patna on 27.11.2013.
On my representation dated 20.05.2012, a letter No. HRD:MISC dated 23.05.12 has been prepared by you as Sr. Manager HRD CO Patna (PF No. 48759) and signed by CH Patna (PF No. 33010) sent to DGM PAD HO furnishing fabricated and false information e.g.
1) Stating Masaurhi Case No. 40/90 State Vs Shri S.M.M. Rehman & others (where as fact is that the case is State Vs P.N.Singh & ors.)
2) For hiding their illegal act reporting by falsely defining Regulation 46 of PNB (Employees) Pension Regulations, 1995 as Sanctioning of Provisional Pension but without Commutation.
3) Reporting the statement to HO “ we have filed a petition in the court of 1st. class J.M. Masaurhi on 10.05.12 and the learned court directed to keep the petition for hearing on next fixed date 20.06.2012” , this information is nothing but a false information containing bundle of lies. From the perusal of Court record/Order sheet of 1st. class J.M. Masaurhi it has been found that no such petition is filed on 10.05.12 and no such hearing is directed by the court for 20.06.2012 and even not for other dates fixed by the hon’ble court i.e. on 29.08.2012 or 06.11.2012 or 08.01.2013 or 12.03.2013 or 10.05.2013 or 24.06.2013 or 20.08.2013 or 01.10.2013 or 26.11.2013 or 23.12.2013. There are two parties to this case, one is State and another is P.N.Singh & ors. (the case is neither lodged by the bank nor on behalf of the bank and even the bank is not a party to this case) it is court rule that when any petition is filed , one copy of the plaint has to be first served on parties to the case. But the fact in the so called above stated petition it is universally true that no copy of plaint have ever been served to State or P.N.Singh & others.
As such you (Shri B.K.Sinha - PF No. 48759) & your then CH (Shri J.K.Gupta - PF No. 33010) have committed offence under section 119, 120A, 167, 177, 182 of the Indian Penal Code 1860 involving Moral Turpitude.
When the HO has sought the facts of my case from CH Patna Circle, a letter No. HRD/MISC dated 20.09.12 has been sent to AGM HO PAD New Delhi submitting the universally untrue facts in the name of facts of the case wherein it is stated that I was the FIR named accused person and FIR No. 40/90 dated 24.04.1990 was lodged by one Doman Das.
From the perusal of Court records you may found that a complaint was filed by one Shri Doman Das on 25.04.1990 with Punpun Police against Shri P.N.Singh the then Manager PNB Punpun (not against me) & one Shri Bharat Singh and accordingly FIR No. 40/90 (GR No. 1739/90) was lodged on 25.04.1990 (not on 24.04.1990) against two persons namely Shri P.N.Singh the then Manager PNB Punpun & Shri Bharat Singh only. The allegation leveled in the Complaint/ FIR as stated in the CO Patna letter dated 20.09.12 was against Shri P.N.Singh the then Manager PNB Punpun & Shri Bharat Singh (not against me).
Further in the above letter it has been stated that my commutation of Pension has been withheld in terms of Regulation 46 of PNB Employees’ Pension Regulation, 1995 which is totally illegal, malafide and without authority of law.
It is further reported that “ we have filed a petition in the court of 1st. class J.M. Masaurhi on 10.05.12 and the learned court directed to keep the petition for hearing on next fixed date 06.11.2012” which is totally false and baseless. From the perusal of Court record it has been found that no such petition is filed on 10.05.12 and no such hearing is directed by the court for 06.11.2012.
It has been informed to me by Shri Neeraj Kumar present Senior Manager HRD CO Patna that the above letter dated 20.09.12 was prepared by you (Shri B.K.Sinha) and signed by Shri J.K.Gupta.
Hence you (Shri B.K.Sinha - PF No. 48759) & your then CH (Shri J.K.Gupta - PF No. 33010) have committed offence under section 119, 120A, 167, 177, 182 of the Indian Penal Code 1860 involving Moral Turpitude.
Therefore it is established that a Criminal Conspiracy has been hatched by officials of Circle Office Patna under a common design and accordingly Pseudonymous complaints have been created and lodged through email. The main motive behind the conspiracy is nothing but vengeance with malafide intention of harassing, humiliating, victimizing and punishing the employee without any excuse, irregularity, lapses or fault. The officials of Circle office Patna with pre – conceived and closed mind took cognizance/action on it without asking the complainant to confirm that he has made the complaint; without verifying the identity of the complainant; without asking the complainant to disclose his verifiable details regarding name and address which would be subjected to verification; without going through own record of the bank ( It is presumed that Personal file of the employee RMPA/STF/MR/old/S-8 ; RMPA/STF/MR/S-37 & Inspection & Control File relating to Punpun P.S.Case No.40/90 containing all the facts of the case is either removed, displaced or destroyed by the Conspirators); without giving the employee an opportunity to be heard; Grossly violating the PNB & CVC guidelines. Act of taking action (knowingly and malafidely) on Pseudonymous complaints without obtaining clearance/concurrence from the CVC through CVO/CMD Punjab National Bank is definitely & clearly an offence – disobeying law, with intent to cause injury to me . [The instruction of the CVC does not permit such line of action particularly of Banks who are not complying with the CVC’s instructions, it has been time & again reiterated by the CVC that – no action is to be taken on anonymous/pseudonymous petitions/complaints . It has been further warned that any violation of this instruction will be viewed seriously by the CVC].
As such the act of bank in taking cognizance by grossly violating the PNB & CVC guidelines; flagrantly violating the Principle of Natural Justice ; False, fabricated & malicious reporting to HO PAD with intent to cause Injury (Section 44 of IPC) is definitely a Criminal Offence involving moral turpitude and definitely the officials namely Shri Gopal Krishna (PF No. 97091), Shri B.K.Sinha (PF No. 48759), Shri P.K.Jain (PF No. 43455), Shri A.K.Gupta (PF No. 31504), Shri J.K.Gupta (PF No. 33010) and Shri Sanjay Kumar (Bank Advocate) are real offenders who have committed offences under Section 119; Section 120, 120A, 120B; Section 166; Section 167, Section 177, Section 182 & Section 204 of the Indian Penal Code, 1860.
Under departmental action also, all the culprits involved in the conspiracy have committed offence under Reg. 3(1), 3(2), 3(3) & 3(4) read with Reg. 24 of the PNB Employees’ (Conduct) regulation, 1977 which is punishable under Reg.6 of PNB Officer Employees’ (D&A) Regulation, 1977. It is requested to get the whole affairs investigated by Chief vigilance or any other higher authority to get the truth and accordingly fix the accountability.
It is therefore requested to resolve my grievances by paying me the following without further delay:
1. Interest for late payment of Gratuity w.e.f. 01.01.2013 upto 25.09.2013 @ 10% p.a. amounting Rs. 73,611.11
2. Difference of Commutation of Pension Sanctioned and Commutation of Pension paid i.e. Rs.7,08,792.00 – Rs. 657494.00 = Rs. 51,298.00
3. Penalty @ 18% p.a. on Rs.7,08,792.00 w.e.f. 01.10.2011 up to 30.09.2013 (2 Years) for illegally and malafidely withholding Commutation of Pension without authority of Law amounting Rs.2,55,165.12
4. Compensation of at least Rs. 10 lacs for mental & physical sufferings on account of torture and agony met at the hands of PNB CO Patna authorities.
An early compliance is awaited.
Yours Faithfully,
(S.M.Masih-ur-Rehman)
Ex. Senior Manager, PNB, Circle Office, Patna.
PF No. : 31332
Email :
[email protected] ;
[email protected] ;
Address: Chand Colony, Khagaul Road,
Phulwari Sharif, Patna- 801505.
Mobile No. 09431019396.
Copy to :
1. The CVO [Email:
[email protected]], EDs [Email:
[email protected],
[email protected],
[email protected]], CMD [Email:
[email protected]] Punjab National Bank, HO: 7, Bhikaiji Cama Place, New Delhi for intervening into the matter, for getting the applicant JUSTICE and for taking action against the bank officials for intentionally, malafidely & grossly violating the Principles of Natural Justice , PNB & CVC guidelines , hatching Criminal conspiracy, False & Fabricated reporing to Head Office, abuse of authority & colourable exercise of power .
2. Shri Wajahat Habibullah, The Chairperson, National Commission of Minoritees, 5th. Floor, Lok Nayak Bhawan, Khan Market, New Delhi - 110003 for intervening into the matter and for getting the applicant JUSTICE.[Email:
[email protected],
[email protected] ]
3. Shri Pradeep Kumar, Central Vigilance Commissioner, CVC, Satarkta Bhavan, A-Block GPO Complex, INA New Delhi- 110023 for intervening into the matter, for getting the applicant JUSTICE and for taking action against the bank for intentionally, malafidely & grossly violating the CVC guidelines . [Email :
[email protected],
[email protected],
[email protected] ]
4. Justice Shri K.G.Balakrishnan,The Chairman, National Human Rights Commission, New Delhi for intervening into the matter and for getting the applicant JUSTICE. [Email :
[email protected] ;
[email protected] ]
5. The Secretary, Directorate of Public Gri evances, Cabinet Secretariat, 2nd Floor, Sardar Patel Bhawan, Sansad Marg,
New Delhi-110001 [E-mail address:
[email protected]] for intervening into the matter and for getting the applicant JUSTICE.
6. The Deputy Secretary {Shri M. P. Sajeevan - looking after Public Sector Banks}, Directorate of Public Grievances, Cabinet Secretariat, 2nd Floor, Sardar Patel Bhawan, Sansad Marg, New Delhi-110001 [E-mail address:
[email protected]] for intervening into the matter and for getting the applicant JUSTICE.
7. The Chairman {Shri A.C.Mahajan}, The Banking Codes and standards Board of India, Reserve Bank of India Building, C-7, 4 th Floor, Bandra Kurla Complex, Mumbai - 400 051. for intervening into the matter and for getting the applicant JUSTICE.
8. The Joint Secretary, Department of Financial Services [Shri Dr Achintan Bhatacharya - Banking Division, Email :
[email protected]]; [Shri Alok Nigam - Banking & Insurance Divisions, Email :
[email protected]], 3rd Floor, Jeevan Deep Building, Sansad Marg New Delhi - 110 001 , for intervening into the matter and for getting the applicant JUSTICE.
( S.M.Masih -ur- Rehman)
SIGNATURE OF COMPLAINANT
