Banking privacy /confidentiality
Querist :
Anonymous
(Querist) 22 April 2021
This query is : Resolved
I work for a Central Government PSU (CPSE). While conducting an enquiry against me, an officer of my employer's vigilance department wrote a letter to ICICI Bank requesting for my Bank Statement for certain period and an officer of ICICI Bank gave him the printout of my bank statement putting bank seal & his identification number on record.
Now, a copy of request letter from my vigilance officer and duly stamped Bank Statement has been given to me by my employer. What action should I take against
(1) my vigilance officer?
(2) ICICI Bank Employee?
(3) ICICI Bank ?
kavksatyanarayana
(Expert) 22 April 2021
You cannot take action on them because, during an inquiry, the inquiry officer may obtain any information relating to the charges framed.
Dr J C Vashista
(Expert) 23 April 2021
Mr. / Ms Anonymous,
Bank can not issue statement of account on the request of vigilance officer.
All of them (three) are to be sued.
Consult and engage a local prudent lawyer for proper appreciation of facts/documents, professional advise and necessary proceeding.
Sankaranarayanan
(Expert) 23 April 2021
Yes without the prior approval form the authority the vigilance officer can not demand the details of a person by his own decision. If wrong then you can sue against them as pointed by Dr.vashista ji
Pradipta Nath
(Expert) 23 April 2021
The Vigilance Department has approached the right way as in this case the Vigilance Department has to be construed as 'Court' under section 2(5) read with section 2(4) of the Bankers' Books Evidence Act. Chances are there that may the ICICI Bank be produced as witness in this matter at later stage. Therefore please cooperate in the disciplinary proceeding and if possible approach a lawyer for deciding every course of action.
Advocate Bhartesh goyal
(Expert) 23 April 2021
Views expressed by expert Pradipta Nath are absolutely correct ,I agree with him.vigilence department of Central Govt,PSU comes under the per view of court and have power to call details of bank account of employee from bank while conducting enquiry.
P. Venu
(Expert) 24 April 2021
Section 2(4) & Section 2(5) of the Bankers' Books of Evidence provide as follows:
(4) “legal proceeding” means,—
(i) any proceeding or inquiry in which evidence is or may be given;
(ii) an arbitration; and
(iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or
under any other law for the time being in force for the collection of evidence, conducted by a
police officer or by any other person (not being a magistrate) authorised in this behalf by a
magistrate or by any law for the time being in force;
(5) “the Court” means the person or persons before whom a legal proceeding is held or taken.
To my understanding, Vigilance Department of a CPSU, by no stretch of imagination, could be construed to be a "Court' based on the provisions of the Bankers' Book of Evidence Act.
