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
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
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Action Taken
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Disposed with Directions (Dated __/___/___ )
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ANNEXURE
– B
Complaint Details
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Correspondence Attachments
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Complaint No.
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43175/2016/Vigilance 3
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Complaint Against Details
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Sr. No.
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Complaint Against
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Allegation Details
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Organization
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1
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SEEMA SINGH
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_____________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
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STATE BANK OF INDIA
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Action Details
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Action Taken By CVC
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Action Taken Date
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Status
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Sent to CVO STATE BANK OF INDIA for necessary action (NA)
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30/09/2016
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Commission doesn't expect any report in this matter.
Complainant may contact the Chief Vigilance Officer concerned for further
action in the matter.
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Date : Dec 03,
2014
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RBI
releases Charter of Customer Rights
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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
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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
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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:
- If
we have to give the information by law
- If
there is a duty towards the public to reveal the information
- 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
- If
you ask us to reveal the information, or if we have your permission,
in writing
- 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
- 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.
- Information
about credit availed from us is reported by us to the CRA on a monthly
basis.
- Information
reported to CRA will also include personal debts you owe us even
when
- You have fallen behind with your payments
- The amount owed is in dispute
- You have made proposals which we are not satisfied with.
- 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.
- 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.
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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.
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- 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.
- 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 .
- 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.
- 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.
- 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.
- 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.
- 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.
- Our
security procedures to protect customer information
We follow best security practices to help prevent unauthorized access to
confidential information about you.
- 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.
- 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
- If
you have any questions or concerns about this privacy policy, please
send an e-mail to us at
 or
write to us at AGM Internet Banking, IT Department, SBI Bhavan,
Corporate Center, Madam Cama Road, Mumbai, INDIA Pin Code 400 021.
- 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 ","
only the “rediffmail.com" part of the address is recognized.
- Aggregate
visitor information on pages which customers visit.
- 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.
- Privacy
policy is subject to change periodically.
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[à¤ाग II – खÖड 3(i)]
à¤ारत 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;
[à¤ाग II- खÖड3(i)]
à¤ारत 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
- RBI
Charter of Consumer Rights
- BCSBI
Pledge
- Privacy
Statement of State Bank of India
- Several
provisions of Information Technology Act, 2000
- Specific
Section 72 A of the Information Technology Act 200.
- 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
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?
- High Court can issue a writ under article 226 of the constitution
- Supreme can issue a writ under article 32 of the constitution
 |
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
