Subject : issuance of account statement to unauthorised person by bank
maninder
(Querist) 01 June 2013
This query is : Resolved
Message :
hi I am a bank employee, some of my colleagues of previous branch are harassing me via false complaint from one of my staff members. they even issued my bank statement to that person through rti act without my consent, which he is using as supporting evidence with complaint. under which law can I sue them for issuing my bank statement to him ?
Rajendra K Goyal
(Expert) 01 June 2013
I am quoting two references and hope these will be of use to you.
Sec 13 of Banking Companies (Acquisitions & Transfer of Undertakings)Act 1970, binds the bank not to disclose the information of the customers except when they are required to do so under law i.e. giving information to Courts, Income Tax Dept, Police, Enforcement Directorate etc. The duty to maintain Secrecy is the statutory obligation.
Further the relevant section of RTI act is as under:
8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(d) 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;
(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
Guest
(Expert) 01 June 2013
Do you have any proof against any of your colleague that a particular colleague issued your account statement to an unauthorised person? That would be quite necessary to make your case foolproof in order to prove your point if you make up your mind to sue him or even the bank.
If you don't have any such proof, the court case may bounce against you. In that case it would be better to make a complaint by showing your apprehension against some particular suspected colleage to the Vigilance department of your bank with the request to investigate the matter as to who has issued your bank statement and to whom.
Sudhir Kumar, Advocate
(Expert) 02 June 2013
why you feel harassed if someone (though illegally) got your bank details. is your hidden black money is getting exposed? or you have chances of being caught with defrauded amount?
Sudhir Kumar, Advocate
(Expert) 02 June 2013
refer to your query at http://www.lawyersclubindia.com/experts/info-under-rti-act-2005-396716.asp#.UatvSdj2C1k
first you decide whether you are Punjab Govt employee of Bank employee.
Ih gal pehle hee khol do
