State Bank Of India [SBI] — Misappropriation of monies

Address:

800001/834001

I am a retired employee of the State Bank of India (P.F. Index No. 1806688) and a member of the State Bank of India(SBI)’s scheme “SBI EMPLOYEES’ MUTUAL WELFARE SCHEME” (SBI EMWS), (Member No. PAT/BGP/P/788) the benefits of which have been denied to me on the false and flimsy ground of non making of required contributions though I have made contributions from Sep.1986 (monthly) to Mar.2014 (Annual) and provided to SBI undisputed evidence of which by way of SALARY SLIP for Mar.2014(please see attachement -I) issued by SBI. SBI has thus committed offense under sections 409(criminal breach of trust by banker), 477A(falsification of accounts) and 420(cheating) of the Indian Penal Code.

2. I, vide my Regd. Letter dated 25.10.2016 (please see attachement-II) under section 6(1)(a) of the RTI Act 2005, with requisite fee; had requested the CPIO, i.e. Dy Gen Manager(B&O), SBI, Ranchi A.O.(Patna Circle) to please provide me certain information as detailed in my requisition dated 25.10.2016. But the said CPIO did not provide me the required information and is quite silent despite reminders.

3. As no response is forthcoming from the CPIO, I preferred an appeal vide my Regd. Letter dated 10/12 Dec.2016 (please see attachement-III) to the Appellate Authority, i.e. General Manager, Network-II, SBI, Patna Circle, but to my utter dismay; he is also oppressive and silent in the matter; even after passing away of the statutory time limit as prescribed in various sections of the RTI Act, 2005.

4. I, therefore, request you to please INSTRUCT, (under advice to me); the recalcitrant & beleaguered officials of the SBI named above to make available me the following information as requisitioned vide my letter dated 25.10.2016 to the beleaguered CPIO, without further loss of time. You are requested to KINDLY also arrange to pass suitable orders to provide me other reliefs in the matter as stated hereinafter.

INFORMATION REQUIRED

1 (a) where the various deductions from my salary towards SBI EMWS(which have not been accounted for in SBI’s records) gone,
(b) what enquiries were made from the respective branches/offices to establish genuineness of my claim (by referring their establishment & deduction register and records relating to Branch Clearing General A/c./IBTS a/c & HRMS system),
(c) where the amount deducted by HRMS for which undisputed evidence has been provided gone as this is also not accounted for in the Bank’s records and
(d) after retirement from the service of the SBI and at this juncture of my old age, am I responsible to run here and there (at my cost) to search out my contributions made to the SBI EMWS; and if not; who is required & responsible to do all this and what action did he/she take to search out my contributions.

2. (a) whether the provisions of the SBI EMWS permit that deductions towards SBI EMWS during some/various months may be skipped?
(b) if yes, at whose instructions this may be done and if not, how deductions during some/various months were not made? Is it at the sweet will of the concerned branch/office to make or skip the deductions towards the membership of SBI EMWS even if salary & allowances were being paid to me regularly,
(c) if in fact, these deductions were not made; at whose instructions these were not made and at whose instructions these were restarted
(d) how HRMS was advised to effect deduction towards my membership of SBI EMWS and where my monies deducted by HRMS gone and
(e) do the provisions of SBI EMWS allow the SBI to ask the member of the SBI EMWS to contribute left out contributions after retirement in lump sum. If yes, that provision may kindly be brought to my notice. If not, how the SBI Ranchi A.O. vide letter No. DGM(B&O)/HR/PM/2777 dated 10.12.2015 asked me to pay the left out contributions (as per their version) to get the benefits of the SBI EMWS.

3. Who will bear the avoidable expenditure (Rs. 1, 300/- approx) incurred by me to get my rightful & due money refunded by the SBI and to get the benefits of the SBI EMWS, as also who will bear the avoidable loss of interest of about Rs.800/- on the refunded amount.

4. Has the SBI in the past also declined the requests of other retired employees to grant them the benefits of SBI EMWS and refund the amount of their contributions to SBI EMWS?. If yes, the no. of such ill fated employees and the reasons for declining their claims may please also be advised.

RELIEFS REQUIRED

1) The beleaguered Appellate Authority & CPIO should be directed to provide me the information desired vide my letter dated 25.10.2016 addressed to the CPIO(copy placed at Annexure-II) without further loss of time,
2) The beleaguered Appellate Authority & CPIO should be directed to reimburse me the avoidable expenses of Rs.1300/-(approx) incurred by me in this matter togetherwith appropriate amount of compensation for inconvenience, harassment and mental torture caused to me in this matter due to inaction on the part of the Appellate Authority and CPIO, and
3) Any other relief that the Hon’ble Banking Ombudsman may deem fit in this matter.

I once again request you to KINDLY instruct to State Bank of India to provide me the required information without further loss of time to enable me to carry forward this matter of defalcation & misappropriation of my monies by SBI to a logical conclusion.

Please treat it as urgent and acknowledge receipt. I trust, you will please help me and not disappoint me. Thanking you.

Yours faithfully
Dhrub Kumar Phitkariwala