Bank declared me absconded
Dear sir i was in bank in 1994 & could not go in bank after 2000.Now I w'd like to know status of job i.e whether bank has declared me absconded or terminate my services without notifying me. I also wish to know my provident fund account no & balance.please advice how can I know it.Should I seek RTI for it.
Thank you so much for writing to us. Here's our response. I hope this helps.
Since you stopped going to the bank without any prior notice for 7 years, we presume that the bank would have probably declared you absconded. However, you want to seek the information by filing RTI.
RTI Act, 2005 allows every citizen to seek information from public/governmental authorities or governmental departments. RTI can only be filed if your bank is a public authority under section 2 (h) of the RTI Act, 2005. Since RTI is addressed to the Public Information Officer (PIO). The definition of public authority
"public authority" means any authority or body or institution of self-government established or constituted -
(a) by or under the Constitution;
(b) by any other law made by the Parliament;
(c) by any other law made by the State Legislature;
(d) by notification issued or order made by the appropriate Government, and includes any -
(i) body owned, controlled or substantially financed;
(ii) non-Governmental organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.
The issue is if your bank is a Nationalised government bank (public bank) then only you can file for RTI seeking information.Since you have not provided the name of your bank, we have mentioned the remedies for both public and private bank.
1. Public banks (Nationalised Government bank)
Filing RTI under section 3 of the RTI Act, 2005 if it is a public authority or government bodies. RTI can be filed either online or offline.
For online application, visit this url (https://rtionline.gov.in/request/request.php)
For offline application,
You have to buy a Rs. 10 Postal order from your nearest post office. It will have two sections, fill both of them. Left section which is smaller , you can keep it with you and right section which is bigger, you have to send it with your application. For filing a RTI, first you can only have to ask question from "what". In your case, what is the status of your employment. Give your details like your name, address, your identification proof of you working in your bank (like your Employee id) and ask them to provide you with the Provident fund number or balance whatsoever you want to seek information from them.
for clear understanding you can read this (http://www.lawfarm.in/blog/how-to-draft-an-rti-petition)
2. Private banks - Cannot file RTI to PIO. But if your bank is a private bank and you seek information then you can file RTI to RBI under section 2(f) of the RTI Act, 2005 -
"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
The format for filing RTI through RBI (in case of private bank) under section 2 (f) of the RTI Act, 2005 relating to your status of employment and the account details of the Provident fund and balance thereto, having Head office at ______ (bank's address) from your records.
RBI is obligated to provide you with information since the Supreme Court has given directions to the RBI to reveal information if the person seeks to. This has been done in keeping in mind the public interest and not the interests of the individual banks. This was held in civil appeal no.91/2015 to 101/2015 and judgement was passed on 16-12-2015.
You can simply write an application in the form of a letter to the authority (like Senior Manager of your branch) that you want to know the status of your employment whether you are declared absconded or not and also, to know if your term of employment has been terminated or not. Since you also wish to seek the information which you need i.e., Provident fund or any other account details, you must also mention it in the application. You can simply draft a letter and send it to them. We are sure that they will reply to you.
Book a phone consultation with a top-rated lawyer on Lawfarm.