Mandamus Petition Sample | Sample Petition before Constitutional Court to Issue Directions to CBI


Sample Petition before HC for Mandamus to issue directions to Central Bureau of Investigation to Lodge Complaint




IN THE HON`BLE  HIGH COURT OF JUDICATURE AT _____________ _____________ BENCH _____________
  
  Writ Petition No.                (M/S) Of 20++
 (Under Article 226 of the Constitution of India)

(DISTRICT – _____________)


______________                         
_nd Floor, __/__, _____________, _____-_____|| Contact no.: 91- _____________|| Mailto: __/_____@___.com                                                                                                                                                                         ---------- Petitioner.

VERSUS

Central Bureau of Investigation (CBI)                  
Through its Director
CBI Head Office Address : Plot No 5-B, CGO Complex, Lodhi Road, New Delhi-110003|| 011-24360422, 24360334, 24360275, 24360276                                                                    - 
                                                                                     ---------- Respondents
                                     

Sample Petition before High Court A metallic beam balance, Mandamum Petition Sample for study

WRIT PETITION UNDER ARTICLE  226 OF THE  CONSTITUTION OF INDIA

Before the Hon`ble Chief Justice and his other companion Judge   of this Hon`ble court,
The above named petitioner most respectfully begs to submit as under:-

1.           That the petitioner is hereby declares that he has not earlier preferred any other writ petition either before this Hon`ble court or at _____________ High Court regarding the subject matter involved in the instant writ petition and no other writ petition of similar nature is pending before the Hon`ble court either at _____________ High Court or at _____________ and the instant writ petition is the first writ petition of the petitioner.

2.           That the petitioner further declares that he has not received any copy of the caveat application or notice from any of the opposite parties through post or by any other means.


3. That this is the first writ petition seeking mandamus filed by the petitioner before this Hon'ble Court and no other writ petition has been filed with the same cause of action.

4.           That the petitioner further declares that they have not received any copy of the caveat application till date.

5.  That this writ petition seeking mandamus relates to worst crimes of the Indian society governed by the rule of law and the Indian constitution called as bribery and infringement of Constitutional Right to Privacy, respectively, which is the sole cause of all evils in this country.

5.           That the petitioner’s MSE unit or business firm M/s _______________ alias ____ has a current bank account with former _____________Bank which later merged with the SBI (State Bank of India).


6.           That the Petitioner’s proprietary business organization named as M/s _____________ or ____, registered with the _________ State Government at its then address of ____, 0- ____ Lane, ______, _____________- _____________, henceforth referred to as M/s __ in the petition, to which the matter pertains is a registered organization which was registered in the State of ______________ for online trade facilitation service of agricultural and allied products and services and promotion thereof, which was based on the ideas of proper inclusion of all people related to production and trade of agricultural and allied products and services, specially for the rights of those peoples who were subjected to cruel discrimination for the centuries due to social backwardness and in economic disparity as its USP (Unique Selling Proposition)

7.   That the petitioner’s organization M/s P5 is under MSE (Micro and Small Enterprises) category which is also under government priority sector which needs to be catered to by the banks on priority basis, and which comes under the sector to cater which the banks in India were nationalized, as a major cause.

8.   That the Petitioner’s organization M/s P5 was one unit in a series of few other units owned by him under sophisticated business strategy constructive and creative outlook towards the human problem and it is specially engaged in work for the upliftment of the conditions of the people from all walks of life including women, children, downtrodden (dalits), tribals and minorities.

9.   That the Petitioner and his business organizational endeavours are totally committed to the high and noble ideas of the Constitution of the country which is based on the equal protection of law to every citizen and every person, with total progressive outlook abiding by the Indian constitution and all laws arising therefrom.

10.   That the Petitioner is also a human rights activist with a   formidable persona with basic particulars as defined in the affidavit.

11.   That P5 was one of the finest examples of social entrepreneurship which was aimed at curbing all menaces faced by people concerned with agricultural products and services, including farmers’ suicide which is one of the matters of prime concern for ages, with proper facilitation of opportunities of all sorts under a well designed e-commerce based system.

12.   That the petitioner attempted filing a credit or loan application     for his MSE unit M/s P5 and went to the _____________Bank branch where he had opened a current account for the MSE unit in question.

13. On 1st December 2015 the owner of the MSE unit M/s P5 viz. ______________  went to _____________Bank main branch at _______ Road, __________, _____________-_____________ to seek credit for his MSE unit where current account of the said unit M/s P5 was already opened. Despite conversing for 2 hours on businesses and banking regulations the Branch Head Mr. Arup Sarkar denied even the loan application form and told that no direct applications will be entertained and he must come through a CA (read Chartered Accountant, as implied by the Branch Head Arup Sarkar)


14. On 14 December, 2015 the petitioner sent email to the branch head citing the conversation that was held between him and the branch head and seeking to allow him apply for credit for his MSE unit M/s ____, to which online receipt came from the bank’s head office.


15.        On 21 December, 2015, the branch head Arup Sarkar emailed the entrepreneur petitioner citing his personal PAN number and making illegal statement that his credit history is not commensurate with credit policy of the bank, to which the entrepreneur emailed him back on his illegitimate, illegal and absurd stance of personal credit history in case of institutional MSE finance, no matter what it was in a non-wilful non-deliberate defaulter case. The branch head was also confronted on the crime he had committed by snooping into personal financial data, irrelevantly but he brazenly persisted with his stance supported by the nexus elements at his Head office, specifically Seema Misra, Assistant Director, _____________Bank .

16.        On 1st April, 2016, the MSE firm owner’s social worker colleague Mr. _____________ helped in sending information to the Secretary, Public Grievances, Cabinet Secretariat about the grievance lodged with them regarding the same case vide petition number DPG/B/20__/______ via email to which absurd response with mala fide intent  was given later.

17.        On 3rd April 2016, the entrepreneur’s aide Mr. _____________ lodged the same grievance with the Prime Minister’s Office to which absurd response was given later with mala fide intent.


18.        On 29 April, 2016, Hon’ble NHRC (National Human Rights Commission) issued directions to some authority on complaint against the incident, file no. ____/24/48/20__ to take actions within 8 weeks and inform the complainant, but of no avail.                                                                                … ANNEXURE - A


19.        On 30 September, 2016, CVC (Central Vigilance Commission) issued directions to the CVO, SBI (State Bank of India) in this matter against Seema Misra, however mistyped as Seema Singh, but of no avail and information at all. 
                                                                                             … ANNEXURE – B



20.        On 17th March, 2017, __________________ Association complained to the PMO (Prime Minister’s Office), to which response came later that since _____________Bank merged with the SBI (State Bank of India), the case could not be referred to as the name of the SBI officer against who the action could start had not been mentioned.

21.        On 14th October, 2017, a social organization ____ (Campaign to Protect RTI) logded a complaint with the PMO (Prime Minister’s Office) to enable FIR lodged against the corrupt former _____________Bank staff but it was avoided by the SBI staff, and application for loan was solicited rather.



22.        On 30th October, 2017, the State Bank of India, to which _____________Bank later merged, emailed stating that non-sanctioning of loan or non-receipt of loan application he might be contacted, while the MSE unit had already collapsed and everything shattered.


23.          The stance of the branch head was also upheld by the Assistant Director, _____________Bank at its Head Office at New Delhi and attempted implicating the petitioner in fabricated case of committing fraud with the bank by not providing them his individual PAN number. But owing to the wisdom of the entrepreneur, and confrontation of the RBI (Reserve Bank of India), who knew all the facts their bid was foiled, and the petitioner asked them to lodge an FIR against him if he has committed any fraud to which the _____________ Bank staffers shied away.


24.        Despite several attempts through several authorities complaints were made but nothing worked out and also the hidden fact of illegal stance of the bank in violation of all laws of land including its own pledge came up as a generic procedure, and not even particular.


25.        The stance of the branch head was also upheld by the Assistant Director, _____________Bank at its Head Office at New Delhi and attempted implicating the petitioner in fabricated case of committing fraud with the bank by not providing them his individual PAN number. But owing to the wisdom of the entrepreneur, and confrontation of the RBI (Reserve Bank of India), who knew all the facts their bid was foiled, and the petitioner asked them to lodge an FIR against him if he has committed any fraud to which the _____________Bank staffers shied away.



26.        The branch head Arup Sarkar and Seema Misra from somewhere illegally derived his PAN number and again attempted to defraud him that his credit history traceable from his PAN is not worthy of allowing him a loan application, to which the fraudsters were clearly advised that this is business and it has nothing to do with individual credit history as it is a matter of institutional finance, and its also violation of the MSMED Act, RBI guidelines and their own pledge, and that personal history is only considered in case of willful or deliberate defaulters declared by the RBI who have at least Rs. 25 lacs (2.5 million Indian Rupees) as default. Moreover, the personal credit history is only unilateral claims made by entities which has no legal standing, and unilaterally they were null and void even if they could be considered at all. All this came up to be of no avail and after violation of right to privacy by snooping of PAN number which is also punishable under the Information Technology Act 2000 as updated, violation of right to life by encroaching livelihood and due ‘financial inclusion’ of the MSE unit, commitment of fraud, national and individual economy was hurdled for greed by the opposite parties on behalf of the bank.


27.         The scenario is extraordinarily crucial proving worst face of corruption and its universal mode due to which entire Indian humanity is suffering and calls for idealistic action against the corrupt, thus, the report needs to be lodged with proceedings under court’s monitoring, as the soonest possible as evidences may fade and other time constraints may arise, hence the petitioner shall suffer an irreparable loss and injury and the entire small scale entrepreneurial segment and government priority sector which includes agriculture, will persist facing the same atrocities degenerating the nation and its nationals, and situations like the farmers and traders suicides will keep haunting humanity.


28.        In view of the facts and circumstances stated in the accompanied writ petition, it is, therefore, expedient in the interest of justice that the Central Bureau of Investigation (CBI) registers a report against Arup Sarkar (Branch Head, former _____________Bank, now State Bank of India alias SBI)and Seema Misra (Asstt. Director, former _____________Bank, now State Bank of India alias SBI) and others for abetment to bribe by the way of criminal conspiracy and other punishable illegal acts to attain their nefarious objectives of sustaining, thus created, bribe based eco-system.


29.        To get justice and to create environment conductive of development and ease of doing business and eradication of harassment and suffering due to corruption, On 24 March, 2018, the MSE unit owner who is also petitioner to this writ petition, sent a petition with the Superintendent of Police, CBI (Central Bureau of Investigation) vide Speed Post no. EU320790544IN for lodging an FIR against the relevant former Bhartiya Maila Bank staff, but of no avail.          … ANNEXURE - C


30.        On 23rd April, 2018 the MSE unit owner sent a reminder to the Superintendent of Police, CBI vide Speed Post no. EU369439792IN, but of no avail.                                                                                      … ANNEXURE - D

31.        This incident as being complained of is violation of the MSMED Act 2006 where clubbing of finances of multiple units under the same owner and even finances of sub unit and holding unit is forbidden as prevalent during the cause of incident, the Institutional finance segment, all other laws of lands pertaining to the matter, and as such acts or deeds are universally customary by the bank as well, and not only to this particular case which clearly implicate that the entire humanity is suffering with regression of the nation. And this also sets a trend of flouting all laws of land.

32.        Such trend of flouting all laws of land including all banking laws, banking regulator guidelines and bankers’ pledges, UN (United nations) treaties to which India is a member, including infringement of citizens’ fundamental right to privacy by illegal snooping, will hamper alien investment on Indian soil and weaken the position if India  among other Commonwealth countries and give it a set-back in the global scenario created after Brexit i.e. Britain exiting the EU (European Union), as flouting of all laws and treaties will set such trend to be claimed by all others.                                                                                     … ANNEXURE – E

33.        This case also proves the bank staffers also have a well established mechanism of illegally snooping into private data of individuals and can fetch extremely personal data from some covert source, and can very easily violate fundamental rights of citizens in no time.

34.        The farmers of India, including traders and labourer class as well, are facing similar type of Public Sector Banks’ corruption and commit suicide owing to their atrocities and Hon’ble Supreme Court has expressed great concern over such suicides despite after about 70 years of independence.

35.        The matter also involves violation of the Information Technology Act 2000, updated 2008 and as updated from time to time which directly comes under the purview of the CBI (Central Bureau of Investigation)

36.        The petitioner is has also established a business chamber with several member MSE units, registered with the Ministry of MSME (Micro, Small and Medium Enterprises), and it is the entire MSME class that faces the same generic illegal and immoral stances of the bank’s employees and directors, the decision on this matter will be for the entire government priority segment or class i.e. the agriculture and MSE class on which the entire national economy and well being depends. Thus, it would be travesty of justice that the corrupt brazenly fill their coffers with the rights of the government priority while the genuine beneficiaries have to resort to acts as suicide which is biggest shame on the face of humanity and that too extremely brazenly, regressively proceeding towards the future.


                                               PRAYER

Hence, it is prayed before the Hon’ble High Court to:

1.      Issue a writ of MANDAMUS nature to the Central Bureau of Investigation to lodge an FIR for this abetment to bribe and violation of the Right to Privacy based matter, which is also encroachment of livelihood or the Right to Life and Liberty of Indian nationals, for which Hon’ble High Court has power under Article 136 or Article 226, and carry out panel proceedings and monitor this case closely while the CBI works on it, so that through this exemplary case, right direction could be given to the entire Indian humanity incidently, and credibility of the Indian Constitution is upheld.

2.      Issue any other order(s) or direction(s) which this Hon’ble court may deem just and proper in the nature and circumstances of the case may also be passed in favor of the petitioner in the interest of Justice.


______________
Petitioner-in-person
                  +nd Floor, ______
        ___/__8, _____________
                                                               _____________-_____________  
                Contact no.: 91- _____________
       Mailo: ____@______.com
      
ANNEXURE – A























Action Taken
Disposed with Directions (Dated __/___/___ )




















ANNEXURE – B

Complaint Details

Correspondence Attachments
:






Complaint No.
:
43175/2016/Vigilance 3






Complaint Against Details
Sr. No.
Complaint Against
Allegation Details
Organization
1
SEEMA SINGH
_____________BANK, not in the List here, a failed Bank owing to Corruption and to be merged with SBI. EVIDENCES here of Pro Quo status of Lending & Fraudulent and Anti- Law stances against Public & The State Authorities, harming Nation in greed. NHRC verdict against them and Fraud by CMD or alike at the time when she filed Response to the DPG- Directorate of Public Grievance, Cabinet Secretariat, maligning the Indian Govt and defrauding it along with Public. BRAZEN CORRUPTION and IMPLICATING THE INNOCENT in FABRICATED CASE. Attached full EVIDENCES
STATE BANK OF INDIA









Action Details
Action Taken By CVC
Action Taken Date
Status
Sent to CVO STATE BANK OF INDIA for necessary action (NA)
30/09/2016
Commission doesn't expect any report in this matter. Complainant may contact the Chief Vigilance Officer concerned for further action in the matter.















Date : Dec 03, 2014
RBI releases Charter of Customer Rights
The Reserve Bank of India today released a Charter of Customer Rights, which enshrines broad, overarching principles for protection of bank customers and enunciates the ‘five’ basic rights of bank customers. These are: (i) Right to Fair Treatment; (ii) Right to Transparency; Fair and Honest Dealing; (iii) Right to Suitability; (iv) Right to Privacy; and (v) Right to Grievance Redress and Compensation.
The Reserve Bank has also advised the Indian Banks’ Association (IBA) and the Banking Codes and Standards Board of India (BCSBI) to formulate a “Model Customer Rights Policy” encapsulating the principles enshrined in the Charter.
Initially, all the scheduled commercial banks, regional rural banks and urban co-operative banks are expected to prepare their own Board approved policy incorporating the five basic rights of the Charter which, among other things, would contain a monitoring and oversight mechanism for ensuring adherence. The policy, if needed, would have to be suitably dovetailed with the “Model Customer Rights Policy” proposed to be formulated by IBA/BCSBI.
The Reserve Bank would monitor the progress and oversee the adherence by banks over a period of time.
Alpana Killawala
Principal Chief General Manager
Press Release : 2014-2015/1142




Further, RBI source at the link gives rights to the bank customers:-

Charter of Customer Rights
1. Right to Fair Treatment :
Both the customer and the financial services provider have a right to be treated with courtesy. The customer should not be unfairly discriminated against on grounds such as gender, age, religion, caste and
physical ability when offering and delivering financial products.

2. Right to Transparency, Fair and Honest Dealing :
The financial services provider should make every effort to ensure that the contracts or agreements it frames are transparent, easily understood by and well communicated to, the common person. The product’s price, the associated risks, the terms and conditions that govern use over the product’s life cycle and the responsibilities of the customer and financial service provider, should be clearly disclosed. The customer should not be subject to unfair business or marketing practices, coercive contractual terms or misleading representations. Over the course of their relationship, the financial services provider cannot threaten the customer with physical harm, exert undue influence, or engage in blatant harassment.

3. Right to Suitability :
The products offered should be appropriate to the needs of the customer and based on an assessment
of the customer’s financial circumstances and understanding.

4. Right to Privacy :
Customers’ personal information should be kept confidential unless they have offered specific consent to the financial services provider or such information is required to be provided under the law or it
is provided for a mandated business purpose (for example, to credit information companies). The
customer should be informed upfront about likely mandated business purposes.
Customers have the right to protection from all kinds of communications,
electronic or otherwise, which infringe upon their privacy.

5. Right to Grievance Redress and Compensation :
The customer has a right to hold the financial services provider accountable for the products offered and to
have a clear and easy way to have any valid grievances redressed. The provider should also facilitate the redress of grievances stemming from its sale of third party products. The financial services provider must communicate its policy for compensating mistakes, lapses in conduct, as well as non-performance or delays
in performance, whether caused by the provider or otherwise. The policy must lay out the rights and duties of the customer when such events occur.



















BCSBI Pledge

Code of Banks Commitment to Customers
Home   >  Codes  >  Code of Banks Commitment to Customers  >  Privacy and Confidentiality



   
Privacy and Confidentiality
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We will treat all your personal information as private and confidential [even when you are no longer a customer], and shall be guided by the following principles and policies. We will not reveal information or data relating to your accounts, whether provided by you or otherwise, to anyone, including other companies / entities in our group, other than in the following exceptional cases:
  1. If we have to give the information by law
  2. If there is a duty towards the public to reveal the information
  3. If our interests require us to give the information (for example, to prevent fraud) but we will not use this as a reason for giving information about you or your accounts [including your name and address] to anyone else, including other companies in our group, for marketing purposes
  4. If you ask us to reveal the information, or if we have your permission, in writing
  5. If we are asked to give a banker’s reference about you, we will need your written permission before we give it.
We, will explain to you the extent of your rights under the existing legal framework for accessing the personal records that we hold about you.We will not use your personal information for marketing purposes by anyone including ourselves unless you specifically authorize us to do so.
Credit Reference Agencies
  1. We will explain to you the role of Credit Reference Agencies (CRA) as also the checks we may make with them and the effect the information they provide can have on your ability to get credit.
  2.  Information about credit availed from us is reported by us to the CRA on a monthly basis. 
  3. Information reported to CRA will also include personal debts you owe us even when 
    1.   You have fallen behind with your payments 
    2. The amount owed is in dispute
    3.   You have made proposals which we are not satisfied with.
  4. If your loan account has been in default, and thereafter regularised, we will take steps to update this information with the CRA in the next monthly report. 
  5. When you apply for credit facility from us, we will on request, and on payment of prescribed fee, furnish you a copy of the credit information obtained by us from the CRA. 

























SBI (State bank of India)
Privacy Statement

The origins of State Bank of India date back to 1806 when the Bank of Calcutta (later called the Bank of Bengal) was established. In 1921, the Bank of Bengal and two other Presidency banks (Bank of Madras and Bank of Bombay) were amalgamated to form the Imperial Bank of India . In 1955, the controlling interest in the Imperial Bank of India was acquired by the Reserve Bank of India and the State Bank of India (SBI) came into existence by an act of Parliament as successor to the Imperial Bank of India . In the Indian Financial world, SBI is synonymous with trust and security.
In line with recognized International Practice and for the information of customers and others who visit the Bank's website we believe it is necessary to post a privacy statement. The information shared with the Bank will be treated as private. We also desire to say explicitly that adequate precautions have been taken to protect information relating to customers and their dealings with the Bank from the mischievous and the fraudsters.
Customer confidentiality and privacy is of utmost concern to SBI. Our employees treat the information we have concerning your accounts in the same responsible and confidential way that we want our own financial affairs treated.
  1. Recognition of your expectation of privacy
    We recognize that our customers expect privacy and security for their personal and financial affairs. We understand that, by selecting us for your banking needs, you have entrusted us to safeguard your personal financial information. We want you to be informed of our commitment to protect the privacy of your personal financial information with the following privacy principles and practices.
  2. What personally identifiable information is collected from you?
    We collect information from you regarding name, addresses, email addresses, passport number, Income, PAN, details of nominees etc .
  3. Cookies
    A cookie is a data file that certain Web sites write to your computer's hard drive when you visit such sites. A cookie file can contain information such as a user identification code that the site uses to track the pages you have visited and use the information commercially. We do not use cookies on our web site.
  4. How we use, collect, and retain customer information
    On our site w e collect, retain, and use information about you only when we reasonably believe that it will help administer our business or provide products, services, and other opportunities to you. We collect and retain information about you only for specific business purposes.
  5. We use information to :
    • Open and administer your accounts and to protect your records and funds.
    • Comply with all applicable laws and regulations .
      Help us design or improve our products and services for your benefit.
    • Understand your financial needs so that we can provide you with quality products and superior service.
    • To comply with laws, guidelines and regulations that govern the financial services in the country.
    • To quote examples we need to obtain Passport number for NRI account & PAN for deposit accounts in respect of resident customers.
  6. How we keep customer information accurate
    It is in your interest, and it is our objective, for us to have accurate, current, and complete information concerning you and your accounts. We have strict procedures that our employees abide by to meet this objective. While some procedures are required by Central, State laws or RBI regulations, we have implemented additional procedures to maintain accurate, current, and complete financial information, including processes to update information and remove outdated information. If you believe that we have incorrect information about you or your accounts, please email us through the feedback mechanism provided on the website or modify the profile information on the site as permissible. We will correct any erroneous information as quickly as possible.
  7. How we limit access to customer information by our employees
    We have procedures that limit access to personally identifiable information to those employees with a business reason for knowing such information about you. We educate our employees on their responsibility to protect the confidentiality of customer information, and hold them accountable if they violate this privacy policy.
  8. Our security procedures to protect customer information
    We follow best security practices to help prevent unauthorized access to confidential information about you.
  9. How we restrict the disclosure of customer information
    SBI does not release customer information except as directed by law or as per your mandate. We do not share specific information about customer accounts or other personally identifiable data with nonaffiliated third parties for their independent use unless:
    • The information is provided to help complete a transaction initiated by you;
    • You request or authorize it;
    • The disclosure is required by/or directed by law; or
    • You have been informed about the possibility of such disclosure for marketing or similar purposes through a prior communication and have been given the opportunity to decline.
  10. By formulating and disclosing our privacy policy to you, we want you to understand our commitment to personal privacy.
    • A potential customer who inquires about our products and services or who would like a copy of our privacy policy
    • A customer who has established a relationship with us.
    • A potential customer who has applied for a loan
    • A visitor to SBI's web site
  11. If you have any questions or concerns about this privacy policy, please send an e-mail to us at privacysbi at sbimail dot comor write to us at AGM Internet Banking, IT Department, SBI Bhavan, Corporate Center, Madam Cama Road, Mumbai, INDIA Pin Code 400 021.
  12. Internet privacy on SBI's web site For each visitor to SBI's web site ( http://sbi.co.in/), http://www.statebankofindia.com, https://www.onlinesbi.com/personal, we automatically recognize the following visitor information:
    • A visitor's Internet Service Provider (for example, AOL or AT&T WorldNet), but not your specific e-mail address. For example, if your e-mail address is "ramprasad at rediffmail dot com," only the “rediffmail.com" part of the address is recognized.
    • Aggregate visitor information on pages which customers visit.
  13. Other information about our web site
    • Children visiting SBI's web site : We are confident that parents will not judge any of the information provided by SBI as objectionable for viewing by their children.
    • Customers using SBI's Internet Banking Service : For customers using our SBI Internet Banking, all visitor information is collected along with any information that you volunteer as a customer while using SBI's web site.
    • Links to, or from, SBI's web site : SBI is not responsible for information practices employed by web sites linked with our web site. Generally, links to non-SBI web sites are provided solely as pointers to information on topics that may be useful to users of SBI's web site.
    • Encrypted information : Information provided by you on SBI's web site is encrypted or scrambled in order to secure information.
  14. Privacy policy is subject to change periodically.











[भाग II Ö 3(i)]
भारत का राजपğ : असाधारण
MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY
(Department of Information Technology)
NOTIFICATION
New Delhi, the 11th April, 2011
G.S.R.313(E).—
In exercise of the powers conferred by clause (ob) of sub-
section (2) of section 87 read with section 43A of the Information Technology Act,
2000 (21 of 2000), the Central Government hereby makes the following rules,
namely.—

1. Short title and commencement —
(1) These rules may be called the
Information Technology (Reasonable security practices and procedures and
sensitive personal data or information) Rules, 2011.
(2) They shall come into force on the date of their publication in the Official
Gazette.

2. Definitions —
(1) In these rules, unless the context otherwise requires,--

(a)  "Act" means the Information Technology Act, 2000 (21 of 2000);

(b) "Biometrics" means the technologies that measure and analyse human body
characteristics, such as 'fingerprints',
'eye retinas and irises', 'voice patterns',
"facial patterns', 'hand measurements' and 'DNA' for authentication
purposes;

(c) "Body corporate" means the body corporate as defined in clause (i) of
explanation to section 43A of the Act;

(d) "Cyber incidents" means any real or
suspected adverse event in relation to
cyber security that violates an explicitly
or implicitly applicable security policy
resulting in unauthorised access, denial of service or disruption,
unauthorised use of a computer resource for processing or storage of
information or changes to data, information without authorisation;

(e) "Data" means data as defined in clause (o) of sub-section (1) of section 2 of
the Act;

(f) "Information" means information as defined in clause (v) of sub-section (1) of
section 2 of the Act;

(g) "Intermediary" means an intermediary as defined in clause (w) of sub-section

(1)  of section 2 of the Act;
(2)   
THE GAZETTE OF INDIA : EXTRAORDINARY

[ PARTII-SEC. 3(i)]

(h) "Password" means a secret word or phrase or code or passphrase or secret key,
or encryption or decryption keys that one uses to gain admittance or access to
information;

(i) "Personal information" means any information that relates to a natural person,
which, either directly or indirectly, in combination with other information available or
likely to be available with a body corporate, is capable of identifying such person.

(2) All other words and expressions used and not defined in these rules but defined in the
Act shall have the meanings respectively assigned to them in the Act.

3. Sensitive personal data or information.—

Sensitive personal data or information of a person means such personal information which consists of information relating to;—

(i)           password;

(ii) financial information such as Bank account or credit card or debit card or
other payment instrument details ;

(ii)          physical, physiological and mental health condition;

(iii)        sexual orientation;

(iv)         medical records and history;

(v)          Biometric information;

(vi)          any detail relating to the above clauses as provided to body corporate for
providing service; and

(vii)         any of the information received under above clauses by body corporate for
processing, stored or processed under lawful contract or otherwise:
provided that, any information that is freely available or accessible in public domain
or furnished under the Right to Information Act, 2005 or any other law for the time being in
force shall not be regarded as sensitive personal data or information for the purposes of
these rules.

4. Body corporate to provide policy for privacy and disclosure of information.
— (1)

The body corporate or any person who on behalf of body corporate collects, receives,
possess, stores, deals or handle information of provider of information, shall provide a
privacy policy for handling of or dealing in personal information including sensitive
personal data or information and ensure that the same are available for view by such
providers of information who has provided such information under lawful contract. Such
policy shall be published on website of body corporate or any person on its behalf and
shall provide for—

(i) Clear and easily accessible statements of its practices and policies;

(ii) type of personal or sensitive personal data or information collected under rule 3;

[भाग II- Ö3(i)]
भारत का राजपğ : असाधारण

(iii) purpose of collection and usage of such information;
(iv) disclosure of information including sensitive personal data or information as
provided in rule 6;

(v) reasonable security practices and procedures as provided under rule 8.

5. Collection of information.—

(1) Body corporate or any person on its behalf shall
obtain consent in writing through letter or Fax or email from the provider of the
sensitive personal data or information regarding purpose of usage before collection of such
information.

(2) Body corporate or any person on its behalf shall not collect sensitive
personal data or information unless —

(a) the information is collected for a lawful purpose connected with a function or
activity of the body corporate or any person on its behalf; and
(b) the collection of the sensitive personal data or information is considered
necessary for that purpose.

(3) While collecting information directly from the person concerned, the body
corporate or any person on its behalf snail take such steps as are, in the
circumstances, reasonable to ensure that the person concerned is having the
knowledge of —

(a) the fact that the information is being collected;
(b) the purpose for which the information is being collected;
(c) the intended recipients of the information; and
(d) the name and address of —
(i) the agency that is collecting the information; and
(ii) the agency that will retain the information.

(4) Body corporate or any person on its behalf holding sensitive personal data
or information shall not retain that information for longer than is required for the
purposes for which the information may lawfully be used or is otherwise required under
any other law for the time being in force..

(5) The information collected shall be used for the purpose for which it has
been collected.

(6) Body corporate or any person on its behalf permit the providers of
information, as and when requested by them, to review the information they had
provided and ensure that any personal information or sensitive personal data or
information found to be inaccurate or deficient shall be corrected or amended as
feasible:
Provided that a body corporate shall not be responsible for the authenticity of the
personal information or sensitive personal data or information supplied by
1330 GI/11-2A

THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II-SEC. 3(i)]
the provider of information to such boy corporate or any other person acting on
behalf of such body corporate.

(7) Body corporate or any person on its behalf shall, prior to the collection of
information including sensitive personal data or information, provide an option to the
provider of the information to not to provide the data or information sought to be
collected. The provider of information shall, at any time while availing the services or
otherwise, also have an option to withdraw its consent given earlier to the body
corporate. Such withdrawal of the consent shall be sent in writing to the body
corporate. In the case of provider of information not providing or later on withdrawing
his consent, the body corporate shall have the option not to provide goods or
services for which the said information was sought.

(8) Body corporate or any person on its behalf shall keep the information secure
as provided in rule 8.

(9) Body corporate shall address any discrepancies and grievances of their
provider of the information with respect to processing of information in a time bound
manner. For this purpose, the body corporate shall designate a Grievance Officer and
publish his name and contact details on its website. The Grievance Officer shall redress
the grievances or provider of information expeditiously but within one month ' from the
date of receipt of grievance.

6.
Disclosure of information.
— (1) Disclosure of sensitive personal data or information
by body corporate to any third party shall require prior permission from the provider of such information, who has provided such information under lawful contract or otherwise, unless such disclosure has been agreed to in the contract between the body corporate and provider of information, or where the disclosure is necessary for compliance of a legal obligation:
Provided that the information shall be shared, without obtaining prior consent from provider of information, with Government agencies mandated under the law to obtain information including sensitive personal data or information for the
purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences. The Government agency shall send a request in writing to the body corporate possessing the sensitive personal data or information stating clearly the purpose of seeking such information. The Government agency shall also state that the information so obtained shall not be published or shared with any other person.

(2) Notwithstanding anything contain in sub-rule (1), any sensitive personal data on Information shall be disclosed to any third party by an order under the law for the time being in force.
1330 GI/11-2B


Central Government Act
Section 13 in THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970

13. Obligations as to fidelity and secrecy.—

(1) Every corresponding new bank shall observe, except as otherwise required by law, the practices and usage customary among bankers, and, in particular, it shall not divulge any information relating to or to the affairs of its constituents except in circumstances in which it is, in accordance with law or practices and usages customary among bankers, necessary or appropriate for the corresponding new bank to divulge such information.

(2) Every director, member of a local board or a committee, or auditor, adviser, officer or other employee of a corresponding new bank shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Third Schedule.

(3) Every Custodian of a corresponding new bank shall, as soon as possible, make a declaration of fidelity and secrecy in the form set out in the Third Schedule. 1[(4) Nothing contained in this section shall apply to the credit information disclosed under the Credit Information Companies (Regulation) Act, 2005.]


























 Section 72A in The Information Technology Act, 2000

90 [ 72A Punishment for disclosure of information in breach of lawful contract. -Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both.]






















CIC (credit InformationCompanies) Act
India Law News
11
Data Privacy Issue 2017
privacy, there is a clear lack of enforcement.
Enforcement of data privacy differs from case to case,
and is dependent upon the particular banking sector
institution and the contract in question. Unfortunat
ely,
such enforcement is not guaranteed through
parliamentary sanctions.
The CIC Act governs companies engaged in
collection of credit information. Section 19 of the C
IC Act
mandates every credit information company to take
steps to ensure that the credit information maintained
by it is accurate and complete, and duly protected
against any loss or unauthorized access or use or
unauthorized disclosure. Section 22 of the CIC Act
prohibits unauthorized access to credit information,
and
prescribes a monetary fine for any unauthorized acces
s
in breach of the provisions of the CIC Act.
Although the CIC Act contains specific provisions
for data protection, it is limited in its scope of
application. It only imposes duties on credit informat
ion
companies, credit institutions and specified users whil
e
processing credit information. Further, no specific
authority has been established to ensure enforcement of
the provisions under the CIC Act.












  

IN THE HON’BLE HIGH COURT OF JUDICATURE, AT _____________, SITTING AT _____________


          WRIT PETITION No.                 (M/S)    OF  2018

______________     
 2nd Floor, Mahesh Ashram
160/18, _____________
 _____________-_____________
Contact no.: 91- _____________
Mailto:  ______@_________.com
Contact no.: 91- _____________                                          --------- Petitioner.

VERSUS

Central Bureau of Investigation (CBI)               
Through its Director addressed at Plot No 5-B, CGO Complex, Lodhi Road, New Delhi-110003; EPABX Board No: 011-24302700
hobsclko[at]cbi[dot]gov[dot]in            -----------Respondents.


AFFIDAVIT


I, ______________ aged about __ years son of Sri _____________resident of +nd Floor ___________________, Street No. +, ___________, Delhi-1100__ is Hindu by religion and General by caste, his qualification is intermediate, do hereby solemnly affirm and state on oath as under:-

1.                That the deponent is the petitioner as such he is well conversant with the fact deposed to hereinafter:-

2.                That the contents of paras        1 to    30 of the accompanying writ petition are true to my personal knowledge, those of paras 1 to 30  are true to the basis of record and those of paras  1 to 30  are believed to be true on the basis of legal advise.

3.                That the annexure A to E annexed with the writ petition are true copies of their respective original as they exist and have been compared with the same.

Place: _____________                                              Deponent
Dated :
Verification

I, the above named deponent, do hereby verify that the contents of paras 1 to 3 of this affidavit are true to my personal knowledge. No part of it is _____________ false and nothing material has been concealed. So help me God.
    
Place: _____________
Dated:-                                                                 Deponent

            I identify the deponent who has signed before me.
             
                                                                                 Advocate

Solemnly affirmed before me by, the deponent on                    at               am/pm who has been identified by, clerk to  …………………………………………., High Court _____________ bench _____________.
      I have fully satisfied myself by examining the deponent that he understands the contents of this affidavit which have been read over and Explained by me to him.
                                                    
                                                          Oath Commissioner


















I N D E X
Sl.
Particulars
Page No.
1.
List of Events and Dates
Separate
2.
Memo of Writ Petition
1 to 13
4.
          Annexure A.
Online copy of Order of NHRC
      14
4.
           Annexure B.
Online Order copy of the Central Vigilance Commission against accused Seema Misra     

       15
5.
          Annexure C.
Copy of the FIR petition to the CBI

16-37
6.
         Annexure D.
          Reminder to the FIR petition to the CBI    
       38
7.
         Annexure E.
References to the Laws flouted by the accused
    1. RBI Charter of Consumer Rights
    2. BCSBI Pledge
    3. Privacy Statement of State  Bank of India
    4. Several provisions of Information Technology Act, 2000
    5. Specific Section 72 A of the Information Technology Act 200.
    6. Credit Information Companies Act
     i.   39-40
ii.           41-42
iii.          43-45
iv.          46-51
v.                52        
vi.              53

   Affidavit
54-56














______________
Petitioner-in-person
       +nd Floor, ________________
      ___/__, _____________
Place: _____________                                                _____________-_____________    Date:                       Contact no.: 91- _____________| Mailto: ____@______.com
















IN THE HON`BLE  HIGH COURT OF JUDICATURE AT _____________ _____________ BENCH _____________
  
  Writ Petition No.                (M/S) Of 2018
 (Under Article 226 of the Constitution of India)

(DISTRICT – _____________)


______________                         
+nd Floor, __ /__, _____________,_____________-_____________|| Contact no.: 91- _____________|| Mailto:______@____.com                                                                                                                                                                         ---------- Petitioner.

VERSUS

Central Bureau of Investigation (CBI)                  
Through its Director
CBI Head Office Address : Plot No 5-B, CGO Complex, Lodhi Road, New Delhi-110003|| 011-24360422, 24360334, 24360275, 24360276                                                                                                                        ----------Respondent.


EVENTS AND DATES

1.   On 14 December, 2015 the petitioner sent email to the branch head citing the conversation that was held between him and the branch head and seeking to allow him apply for credit for his MSE unit M/s __, to which online receipt came from the bank’s head office.

2.   On 21 December, 2015, the branch head Arup Sarkar emailed the entrepreneur petitioner citing his personal PAN number and making illegal statement that his credit history is not commensurate with credit policy of the bank, to which the entrepreneur emailed him back on his illegitimate, illegal and absurd stance of personal credit history in case of institutional MSE finance, no matter what it was in a non-wilful non-deliberate defaulter case. The branch head was also confronted on the crime he had committed by snooping into personal financial data, irrelevantly but he brazenly persisted with his stance supported by the nexus elements at his Head office, specifically Seema Misra, Assistant Director, _____________Bank .

3.   On 1st April, 2016, the MSE firm owner’s social worker colleague Mr. _____________ helped in sending information to the Secretary, Public Grievances, Cabinet Secretariat about the grievance lodged with them regarding the same case vide petition number DPG/B/20__/____ via email to which absurd response with mala fide intent  was given later.

4.   On 3rd April 2016, the entrepreneur’s aide Mr. _____________ lodged the same grievance with the Prime Minister’s Office to which absurd response was given later with mala fide intent.

5.   On 29 April, 2016, Hon’ble NHRC (National Human Rights Commission) issued directions to some authority on complaint against the incident, file no. __/24/48/2016 to take actions within 8 weeks and inform the complainant, but of no avail. …ANNEXURE - A

6.   On 30 September, 2016, CVC (Central Vigilance Commission) issued directions to the CVO, SBI (State Bank of India) in this matter against Seema Misra, however mistyped as Seema Singh, but of no avail and information at all. … ANNEXURE - B

7.   On 17th March, 2017, ____________ Association complained to the PMO (Prime Minister’s Office), to which response came later that since _____________Bank merged with the SBI (State Bank of India), the case could not be referred to as the name of the SBI officer against who the action could start had not been mentioned.

8.   On 14th October, 2017, a social organization ___ (Campaign to Protect RTI) logded a complaint with the PMO (Prime Minister’s Office) to enable FIR lodged against the corrupt former _____________Bank staff but it was avoided by the SBI staff, and application for loan was solicited rather.

9.   On 30th October, 2017, the State Bank of India, to which _____________Bank later merged, emailed stating that non-sanctioning of loan or non-receipt of loan application he might be contacted, while the MSE unit had already collapsed and everything shattered.

10.              On 24 March, 2018, the MSE unit owner sent a petition with the Superintendent of Police, CBI (Central Bureau of Investigation) vide Speed Post no. EU320790544IN for lodging an FIR against the relevant former ____ Bank staff, but of no avail.                                             … ANNEXURE - C

11.              On 23rd April, 2018 the MSE unit owner sent a reminder to the Superintendent of Police, CBI vide Speed Post no. EU_________IN, but of no avail.                                                                       … ANNEXURE – D





______________
Petitioner-in-person
              +nd Floor, ___________
      ___/__, _____________
Place: _____                                           _____________-_____________       
Date:                                           Contact No.: 91-________|                     Mailto:                                                                    ____@_____.com

A Beam Balance Representing Equality Before Law


What is writ of mandamus as defined in the constitution?

A writ of mandamus is an order of a constitutional court. It is a type of writ  out of the 5 types of writs that  the constitutional courts issue. This is the most popular type of writ. Mandamus is a mandate that the constitutional courts may issue to the state executive to commit or to refrain from some tasks as sought by the petitioner. It is very difficult to obtain a writ and courts are mostly reluctant to issue it.

Under which articles of the constitution can one file a writ petition?

  1. High Court can issue a writ under article 226 of the constitution
  2. Supreme can issue a writ under article 32 of the constitution





Court petition to issue writ of mandamus infographics
Mandamus Order
Refer:





Tags: #Writ of Mandamus, #Mandamus petition, Mandamus Writ High Court, #Mandamus Writ Supreme Court, #Writ Petition Constitutional Court, #Mandamus Petition Constitutional Courts


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