Court asks police to register FIR against J&K Bank employee for ‘sharing customer’s personal data’
Srinagar: On a complaint pertaining to alleged breach of personal data of customer by an employee of Jammu and Kashmir Bank, a city court has directed the SHO Police Station Parimpora to register an FIR into the case.
The court of Forest Magistrate (Sub judge) after perusing the averments made by the applicant (a J&K Bank customer, Dr Jehangir Ahmad Bhat) had on August 12, 2023 directed the SHO to furnish the status report of the application on the lodging of the FIR.
However, “the same was not furnished”, said the court. In terms of its order on 6th of this month, the SHO was directed to appear in person and inform the court about the status report on the complaint.
Later on a report was filed and its perusal showed that it was the copy of the earlier inadequate report. The only addition made in the report is that the police has received a communication from J&K Bank Branch Budgam to the effect that an inquiry has been initiated by the bank against its employee, Danish Hameed Dar, accused of leaking the account details of the complainant customer, the court noted.
“The SHO Parimpora was required to see if the contents of the application filed by the applicant before him disclose the commission of cognizable offence against the accused, a formal FIR was to be registered. Having not done so, has compelled the applicant to approach this court praying a direction to SHO for registration of FIR.”
The applicant, a radiologist, is posted as Medical Officer at District Hospital Ganderbal. His counsel said “the accused, a Banking Associate, with a malafide intention has leaked all the information pertaining to the salary account of the complainant doctor at J&K Bank Branch Unit Karan Nagar. The accused has committed a breach of trust as under the mandate of his duty he was supposed to maintain secrecy.”
The lawyer said that his client got a lot of spam communications from the last several months which he suspects are due to the actions of the accused Banking Associate.
He further submitted that the complainant has a litigation in a different court about a house property at Chinar Colony Baghat, against which he has availed a housing loan facility and availed cash credit scheme from J&K Bank, Branch Government Medical College, Srinagar.
These accounts, according to the lawyer, are also linked with the salary account of the applicant.
“The online information on construction of the said house was divulged to the opposite party litigating against the applicant doctor. He forwarded a complaint against the accused for taking action against him to the higher banking officials and in response to the complaint an in-house inquiry was conducted, regarding the same. It was conveyed to the complainant that the departmental action has been initiated against the alleged accused,” pleaded the lawyer.
The Forest Judicial Magistrate Feroz Ahmad Khan after examining the matter said “on the withholding of the status report in application SHO P/S Parimpora there has been a sufficient/substantial compliance by the applicant to the provisions of Section 154 CrPC (Information in cognizable cases).
In view of the disclosure of commission of cognizable offence, he directed SHO P/S Parimpora to register an FIR against the accused banker for commission of offences under relevant provisions of law.
With regard to the conduct of the SHO in handling the application, he has been directed to furnish the compliance report in clear terms as to whether FIR is registered or not.
