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Gauhati High Court · body

2013 DIGILAW 867 (GAU)

In Ref : State Bank of India v. .

2013-12-12

A.K.GOSWAMI, A.M.SAPRE

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JUDGMENT : A.M. Sapre, J. A news item was published in the Assam Tribune Daily on 14.12.2012 which reads as follows : "Guwahati, Dec. 13 - In yet another instance of ATM fraud, Swapan Kumar Chakraborty, a senior retired BSNL official, was duped of Rs. 35,000/- from his State Bank of India (South Guwahati Branch) savings account on December 3. The incident occurred after Chakraborty had withdrawn Rs. 5,000 from his account from an SBI ATM counter on the BK Kakati Path (near DGP office), Ulubari. Later that day when he checked the balance, he found that another amount of Rs. 35,000 was fraudulently withdrawn from his amount minutes after he had left the ATM counter. Chakraborty informed the bank authorities and the police about the fraud, and a case has been registered with the Paltan Bazar police station. "I have intimated the matter to various SBI authorities including the Chairman, SBI, CGM, SBI (NE Circle) and GM, Network-I, SBI, Assam, claiming refund of my lost money to my SBI account immediately," Chakraborty said. Chakraborty said that the police had obtained video footage of the fraud who committed the crime." 2. On reading the said news item, a suo motu action was initiated by the High Court exercising its PIL jurisdiction under Article 226/227 of the Constitution of India and accordingly notices were directed to be issued to the State Bank of India, Local Head Office, Guwahati, Reserve Bank of India, Union of India, Ministry of Finance and Director General of Police, Assam at Guwahati with a view to decide as to what safeguard can be provided to the customers of ATM to avoid such recurrence in future when they go to operate their accounts for withdrawing money from ATM. 3. On notices being served, the Director General of Police, Assam, Sri Jayanta Narayan Choudhury, filed an affidavit dated 9th May, 2013. In this affidavit, the State has suggested following action plan for providing security to ATMs of all the Banks in the State of Assam to avoid occurrence of the incident published in the newspaper with any customer/account holder. The suggested action plan as detailed in para 5 of the affidavit reads as under : "(a) To adopt security protocols for proper functioning of ATMS. The suggested action plan as detailed in para 5 of the affidavit reads as under : "(a) To adopt security protocols for proper functioning of ATMS. Security Protocols include - (i) Place security guards round the clock at all ATMs so that proper queues are enforced and to ensure that only one customer can enter for one ATM, at a time. (ii) To ensure CCTVs are functioning round the clock and some alarm system can be put to indicate if CC Cameras are non functional. (iii) Entry in ATM chamber with helmets, mufflers, caps etc. with a view to conceal one's identity should be prohibited by the security guard on duty. (iv) Check the character & antecedents of temporary workers, canteen employees etc. in the banks. (b) To designate Nodal Officers by each Bank for liaisoning with Police and for providing video footage and other information that may be sought by a Police investigator during investigation of ATM related thefts etc. A lot of time was wasted by Police for collecting information, video footage etc. from Banks. (c) To educate public for safe and secure electronic transactions. (d) Many cases were reported where public had shared their PIN No. with unknown callers leading to siphoning of funds from their accounts. The Banks should write to this warning in ATM chambers." 4. Having heard the learned counsel appearing for the respective parties and on perusal of the record of the case, we are inclined to accept the suggested plan given by the State as mentioned above. Indeed, learned counsel appearing for the respective parties, i.e. the State Bank of India, High Court Registry and State have also agreed that the action plan suggested is capable of being implemented and is equally workable to avoid occurrence of such incident in future or at least it will minimise such occurrence provided the plan suggested is implemented in letter and spirit by the authority concerned in cooperation with each stakeholder and with its proper monitoring by the State police agencies. We record their statement and we also find on its perusal that it is capable of being implemented and hence should be given effect to in the interest of the public at large. 5. We record their statement and we also find on its perusal that it is capable of being implemented and hence should be given effect to in the interest of the public at large. 5. Accordingly and in the light of the foregoing discussions, this PIL is closed with a direction to the concerned State authorities to ensure implementation of the suggested plan quoted above to the ATMs of all the Banks functioning in the State of Assam. We also direct that monitoring agency should be employed to ensure proper implementation of the aforesaid plan round the clock with a sole object that an incident which had occurred on 3rd December, 2012 is not repeated in future. 6. Before parting, we may mention that the criminal case registered with Paltanbazar Police Station bearing No. 1151/2012 shall be taken to its logical conclusion by the concerned court strictly in accordance with law. 7. A copy of this order be sent to concern State authorities and to all Banks concerned for their information and implementation by the State agencies. Another copy of the order may also be sent to the concerned Police Station for their record and information. No cost.