Central Information Commission
V. Balaraman vs Union Bank Of India on 20 September, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/UBIND/C/2023/637044
V. Balaraman ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO: Union Bank of India,
Chennai ... ितवादीगण /Respondents
Relevant dates emerging from the complaint:
RTI : 24.06.2023 FA : 30.07.2023 Complaint : 30.07.2023
CPIO : 20.10.2023 FAO : 11.09.2023 Hearing : 11.09.2024
Date of Decision: 19.09.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Complainant filed an RTI application dated 24.06.2023 seeking information on the following points:
(i) Copy of acknowledge slip or letter or email for my grievance petition
(ii) Copy of petition register having record of my grievance petition
(iii) Copy of ticket or case Number for my grievance petition.
(iv) At which date, ticket or case number is allotted for my grievance Petition
(v) Copy of all files or emails pertaining to my grievance petition even though investigation is still in-progress regarding my grievance.
(vi) The date by which the grievance petition dated 24th June 2023 will be completed.Page 1 of 8
2. Due to non-receipt of any reply from the CPIO, the Complainant filed a First Appeal and Complaint to the Commission on 30.07.2023, alleging that no reply has been received till date. Subsequently, the FAA vide order dated 11.09.2023, directed the CPIO to provide a reply to the RTI application.
3. Further, the CPIO replied vide letter dated 20.10.2023 and the same is reproduced as under :-
(i) Replies were given to the applicant's email by AGS ATMRECON department on 03.08.2023 at 11:09 AM and UPI CLAIMS department on 02.08.2023 at 06:26 PM.
(ii) Replies were given to the applicant's email by AGS ATMRECON department on 03.08.2023 at 11:09 AM and UPI CLAIMS department on 02.08.2023 at 6:26 PM.
(iii) Bank Adjustment Ref No: 316810467025.
(iv) On 02.08.2023 the above reference no was allotted.
(v) Replies were given to the applicant's email by AGS ATMRECON department on 03.08.2023 at 11:09 AM and UPI CLAIMS department on 02.08.2023 at 06:26 PM.
(vi) The said transaction was successful and the amount was remitted to beneficiary bank on real time basis. Remitter bank has raised a charge bank. The amount will be refunded if beneficiary bank accepts the charge back.
4. The Complainant and on behalf of the respondent Mr. S. J Raj, Regional Head, attended the hearing through video conference.
5. The Complainant inter alia submitted that he did not receive the reply from the CPIO within the stipulated time. However, in compliance of the FAA's order dated 11.09.2023, the reply was furnished by the CPIO on 20.10.2023 which was not in accordance with the information sought in the RTI application. He requested the Commission to direct the respondent to provide the information, as sought. A written submission of the appellant is reproduced as under:-
Page 2 of 8"3. Non-Compliance with First Appellate Authority's Order Due to the failure of the PIO to provide the information within 30 days, I have submitted First Appeal with First Appellate Authority on 30/07/2023 Reg., No. UBIND/A/E/23/00257 The First Appellate Authority, after reviewing the First appeal, directed the PIO to provide the complete and requested information within 7 days of the receipt of the order and disposed the First Appeal after 43 days on 12/09/2023. A copy of the First Appellate Authority's order is attached for your reference.
Despite the clear and specific direction from the First Appellate Authority, the PIO has failed to provide the requested information within the stipulated time frame. PIO disposed my RTI after 108 days on 25/10/2023 by attaching reply letter dated 20/10/2023.
Note: PIO who deliberately caused me great distress and mental agony by not giving me timely information is liable to pay damages under Section 19(8)(b) of the Right to Information Act-2005.
4. You can refer to the other violations done by PIO are mentioned very detailed with evidence in my submission Diary no.: 640558 or 640557 Points from Responder's Side I would like to bring to your attention that the opposite party failed to submit their argument or information via the Central Information Commission online link as directed. While the information commissioner instructed them to provide all relevant information before the evening of the hearing date 11th Sept 2024, I believe it is essential for a fair and impartial resolution of this complaint.
I regret that I was unable to mention the Relief Sought during the hearing. I would therefore like to request the commission to consider the following:Page 3 of 8
You can refer to the other violations done by PIO are mentioned very detailed with evidence in my submission Diary no.: 640558 or 640557 Relief Sought:
I respectfully request the Central Information Commission to:
Direct the PIO who deliberately caused me great distress and mental agony by not giving me timely information to pay damages under Section 19(8)(b) of the Right to Information Act-2005. Note: I have suffered severe hardships and have suffered severe mental anguish and pain Impose penalty under Section 20 of the RTI Act, at the rate of Rs. 250.00 for every day of delay (subject to a maximum of Rs. 25,000.00) from the date the information was due till the date the full information is actually given to me.
Direct the PIO to comply with the all guidelines mentioned in Office Memorandum No. 10/1/2013-IR, dated 6th October 2015, issued by Department of Personnel and Training referenced in Page 15. And Direct the PIO to comply with the Madras High court's order referenced in page no. 2 (point no. 5). Noncompliance with a court order could lead to penalties for contempt.
Take appropriate disciplinary action against the PIO for violation and non- compliance with the RTI Act and share the copy of disciplinary action taken against the PIO to me. Impart RTI training to the said Public Information Officer as prescribed in Section 19(8)(5) of the RTI Act, 2005 until he has undergone training and passed RTI training. I would like to suggest to the government to appoint an officer as Public Information Officer for an interim period."
6. The respondent while defending their case inter alia submitted that a point-wise response to the RTI application had been furnished to the complainant vide their letter dated 20.10.2023. He further submitted that due to amalgamation of the banks with the union Bank of India and shifting procedure, the RTI application was wrongly forwarded to the Chennai West office instead of Chenna South office. Hence, the RTI application Page 4 of 8 could not be replied within time and tendered unconditional apology for the same and assured that no such incident would recur in future. A written submission of the respondent is reproduced as under:-
"All the information sought by the Appellant/applicant has already been provided by the CPIO, Regional Office- Chennai South. The reply letter of the CPIO bearing ref. RO [WHRD CHN) :CPIO:RTI:11:2023-24 dt. 20/10/2023 has already been uploaded in the RTI portal on 25.10.2023. The RTI reply dt. 20/10/2023 providing information is attached herewith as Annexure -1. The action history of the MIS Portal for having uploaded the reply RTI portal is attached herewith as Annexure- 2.
2. The first appeal dt.30/07/2023 was already considered and allowed by First Appellate Authority vide disposal order No. ZO-CHEN/RTI[AA]/99/2023-23 dt. 11/09/2023. A copy of the disposal order of First Appeal ZO- CHEN/RTI[AA]/99/2023-24 dt. 11/09/2023 is enclosed herewith as Annexure- 3. The First Appellate Authority has already directed the CPIO reply to the RTI Application on merits. The order allowing first appeal is also uploaded in the RTI PORTAL. The action history of the MIS Portal of having uploaded the order of First Appellate Authority is attached herewith as Annexure-4.
3. The CPIO, Regional Office-Chennai West (Also known as R.O. Kancheepuram) is not the CPIO concerned /custodian of information as sought for in the RTI Application. The Application has already been replied by the CPIO, RO-Chennal South within time.
4. After the Amalgamation of Corporation Bank and Andhra Bank with Union Bank of India by the notification dt. 04.03.2020 of Government of India, the branches of all the three bank branches were reshuffled based on business, proximity and administrative requirements.
5. There were 03 Branches of all the three Bank at Ashok Nagar. That after amalgamation due to rationalisation of the branches the concerned Ashok Nagar Page 5 of 8 branch of erstwhile Corporation Bank came under Regional Office Chennai South and two more branches namely Ashok Nagar erstwhile Andhra Bank and Ashok Nagar Union Bank came under Regional Office Chennai Wes Thereafter at the time of receipt the RTI application dt. 24.06.2023, all the above three branches were under the Regional Office Chennai South.
6. That due to effect of above rationalisation of the branches the RTI request dt. 24.06.2023 was forwarded to CPIO Regional Office Chennai West whereas the RTI request pertained to CPIO Regional office Chennai South.
7. That the person who was responsible to look after the RTI MIS portal was on long leave and therefore the online RTI application could not be immediately attended and transferred by the then CPIO RO Chennai West to the concerned CPIO Regional Office South.
8. The first Appellate Authority has already allowed the Appeal dt. 30/07/2023. The appellant /applicant had not preferred any appeal after receiving the information from the CPIO, RO-Chennai South and disposal order of the First Appellate Authority.
The delay on the part of the CPIO was not wilful or intentional. It was only on account of the re-shuffling and rationalisation of branches of all three banks that the application could not be transferred to the CPIO concerned in time.
The CPIO-Regional Office, Chennai West tenders his unconditional apology for the delay in transferring the RTI Application to the CPIO concerned and request this Hon'ble Commission to accept the apology and seeks pardon from. We have high regards and respect towards the RTI Act and its provisions and always careful in implementing the Act in the true letter and spirit.
Considering the fact that all the information sought for in the RTI Application has already been provided to the applicant/appellant by the CPIO, Regional Office- Chennai South vide reply letter dt. 20/10/2023 and the First Appellate Authority has already allowed the First Appeal dt. 30/07/2023, we humbly submit and pray Page 6 of 8 that the Hon'ble Commission may praciously be pleased to dismiss the Second / Appeal / Complaint dt. 30/07/2023File No. CIC/UBIND/C/2023/637044]
7. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act vide letter dated 20.10.2023. Moreover, the delay occurred in providing the reply to the RTI application was inadvertent as the respondent explained during the hearing that due to amalgamation of the banks with the union Bank of India and shifting procedure, the RTI application was wrongly forwarded to the Chennai West division instead of Chenna South division, the respondent tendered unconditional apology for the same and assured that no such incident would recur in future. However, the Commission strictly warns the CPIO to be more careful in future while dealing with the RTI applications and dispose them off in accordance with the timelines prescribed under the RTI Act, 2005.
8. Further, it was not the case that the respondent had not given any reply to the Complainant and no mala fide could be attributed to the decision taken by them. That being so and the reply having been given to the complainant, there appears to be no merit in the complaint. With this observation, the complaint is closed.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 19.09.2024
Authenticated true copy
Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड)
Dy. Registrar (उप पंजीयक)
011-26180514
Page 7 of 8
Addresses of the parties:
1. The CPIO, (Under RTI Act, 2005)
Union Bank of India, RO - Chennai
West No - 168, Linghi Chetty Street Parrys,
Chennai - 600001
2. V. Balaraman
Page 8 of 8
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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