I) PREAMBLE:

The Government of India through its Resolution dated 21st April, 2004 had authorized the Central Vigilance Commission (CVC) as the ‘Designated Agency’ to receive written complaints for disclosure on any allegation of corruption or misuse of office by any employee of the Central Government or of any corporation established by or under any Central Act, Government Companies, Societies or Local Authorities owned or controlled by the Central Government and recommend appropriate action. The said Resolution is applicable to Central Government and Public Sector Enterprises including Public Sector Banks. As Private Sector Banks are not covered by the cited Resolution, Reserve Bank of India has formulated a Protected Disclosures Scheme for Private Sector and Foreign Banks and has advised the Private Sector Banks vide its circular bearing reference number DO DBS. FrMC No.BC 5/23.02.011/2006-07 dated 18-04-2007 to implement the same with immediate effect. Accordingly, this Protected Disclosures Scheme pertaining to our Bank has been devised for implementation with immediate effect.

II) OBJECTIVES:

• 1. To ensure better governance standards and probity/ transparency in the conduct of affairs of the bank by providing opportunities for disclosure of information in the public interest by the employees of the bank
• 2. To safeguard the public interest in the midst of large scale corporate frauds reported across the world
• 3. To strengthen the financial stability and to enhance the public confidence in the robustness of the financial sector

III) SCOPE AND COVERAGE:

• 1. The complaints under this Scheme would cover the areas such as corruption, misuse of office, criminal offences, suspected/ actual fraud, failure to comply with existing rules and regulations such as Reserve Bank of India Act,1934, Banking Regulation Act,1949,etc. and acts resulting in financial loss/ operational risk, loss of reputation,etc. detrimental to depositors’ interest/ public interest.
• 2. Under the Scheme, Employees of City Union Bank Limited, Customers, Stake holders, NGOs and Members of public can lodge complaints.
• 3. Anonymous/ pseudonymous complaints will not be covered under the Scheme and such complaints will not be entertained.
• 4. Reserve Bank of India (RBI) will be the Nodal Agency to receive complaints under the Scheme. The Reserve Bank of India would keep the identity of the complainant secret, except in cases where complaint turns out to be vexatious or frivolous and action has to be initiated against the complainant.
• 5. The Bank can take action against complainants in cases where motivated/ vexatious complaints are made under the Scheme, after being advised by Reserve Bank of India. An opportunity of hearing will, however, be given by the bank to the complainant before taking such action.
• 6. Final action taken by the Reserve Bank of India on the complaint will be intimated to the complainant.

IV) PROCEDURE FOR LODGING THE COMPLAINT UNDER THE SCHEME:

• 1. The complaint should be sent in a closed /secured envelope.
• 2. The envelope should be addressed to The Chief General Manager, Reserve Bank of India, Department of Banking Supervision, Fraud Monitoring Cell, Third Floor, World Trade Centre, Centre 1, Cuffe Parade,Mumbai 400 005.
• 3. The envelope should be superscribed ‘Complaint under Protected Disclosures Scheme for Banks’.
• 4. The complainant should give his/ her name and address in the beginning or end of the complaint or in an attached letter.
• 5. In case of an employee making such complaint, details such as name, designation, department, institution and place of posting etc. should be furnished.
• 6. Complaints can be made through e-mail giving full details as specified above. For this purpose, a specific e-mail id dbspd@rbi.org.inhas been created.
• 7. The complainant should ensure that the issue raised by him/ her involves dishonest intention/ moral angle.
• 8. The complainant should study all the relevant facts and understand their significance.
• 9. The complainant should also make an effort, if possible, to resolve the issue through internal channels in order to avoid making the complaint.
• 10. The text of the complaint should be carefully drafted so as not to give any details or clue to complainant’s identity. The details of the complaint should be specific and verifiable.
• 11. In order to protect the identity of the complainant, the Reserve Bank of India will not issue any acknowledgment of receipt of the complaint. The complainant also should not enter into any further correspondence with the Reserve Bank of India in their own interest.
• 12. Reserve Bank of India assures that, subject to the facts of the case being verifiable; it would take necessary action, as provided under the Scheme. If any further clarification is required, the Reserve Bank of India will get in touch with the complainant.

V) FOLLOW-UP ACTION ON THE COMPLAINT:

If the complaint is accompanied by particulars of the person making the complaint, the Reserve Bank of India shall take the following steps.

• 1. If necessary, it would ascertain from the complainant whether he was the person who made the complaint or not.
• 2. The identity of the complainant will not be revealed unless the complainant himself/herself has made the details of the complaint either public or disclosed his/her identity to any other authority.
• 3. If the identity of the complainant is concealed, the Reserve Bank of India shall make discreet inquiries to ascertain if there is any basis for proceeding further with the complaint.
• 4. Either as a result of the discreet enquiry, or on the basis of complaint itself without any inquiry, if the Reserve Bank of India is of the opinion that the matter requires to be investigated further, the Reserve Bank of India may consider calling for the comments / response from the Chairman / Chief Executive Officer of the bank concerned.
• 5. After obtaining the response of the bank concerned and / or on the basis of an independent scrutiny conducted / ordered by Reserve Bank of India, if Reserve Bank of India is of the opinion that the allegations are substantiated, the Reserve Bank of India shall recommend appropriate action to the bank concerned. These shall, inter alia, include the following:
• Appropriate action shall be initiated against the concerned official.
• Appropriate administrative steps for recovery of the loss caused to the bank as a result of the corrupt act or mis-use of office, or any other offence covered by the Scheme.
• Recommend to the appropriate authority/agency for initiation of criminal proceedings, if warranted by the facts and circumstances of the cases.
• Recommend taking corrective measures to prevent recurrence of such events in future.
• Consider initiating any other action that it deems fit keeping in view the facts of the case.

VI) PROTECTION TO THE COMPLAINANT:

• 1. If any person is aggrieved by any action on the ground that he/she is victimized due to filing of the complaint or disclosure, he / she may file an application before the Reserve Bank of India seeking redressal in the matter. The Reserve Bank of India shall take such action, as deemed fit. In case the complainant is an employee of the bank, Reserve Bank of India may give suitable instructions to the concerned bank, preventing initiation of any adverse personnel action against the complainant.
• 2. Either on the basis of the application of the complainant or on the basis of information gathered, if the Reserve Bank of India is of the opinion that either the complainant or the witnesses in the case need protection, the Reserve Bank of India shall issue appropriate directions to the concerned bank.
• 3. The system evolved herein shall be in addition to the existing grievances redressal mechanism in place. However, secrecy of identity shall be observed, only if the complaint is received under the Scheme.
• 4. In case Reserve Bank of India finds that the complaint is motivated or vexatious, Reserve Bank of India shall be at liberty to take appropriate steps.
• 5. In the event of the identity of the informant being disclosed inspite of Reserve Bank of India’s directions to the contrary, the Reserve Bank of India shall be authorized to initiate appropriate action as per extant regulations against the person or agency making such disclosure. Reserve Bank of India may also direct such person or agency to suitably compensate the complainant.

VII) MONITORING THE IMPLEMENTATION OF THE SCHEME:

The implementation of the Protected Disclosures Scheme shall be monitored by the Audit Committee of the Board every month and the details of complaints received under the scheme shall be placed before the Audit Committee of the Board at its immediate meeting. The salient features of this scheme shall be brought to the notice of all the employees, customers, stake holders, NGOs and members of public through Internal Circulars and Bank’s website.

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