Sudip Kumar Dutta vs Indian Bank on 15 February, 2023

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Central Information Commission

Sudip Kumar Dutta vs Indian Bank on 15 February, 2023

1. The issue under consideration arising out of the second appeal dated 29.04.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 03.11.2020 and first appeal dated 15.02.2021:-

(i) What is the present savings account number (New 12 digit) of Savings Bank A/c No. ***866 (Old) which is opened, and lying in Allahabad Bank (now Indian Bank), Diamond Harbour Branch, Kolkata - 700034 by Late Trishul Dutta and Basanti Dutta?

(ii) What is the present Savings Account number (New 12 digit) of Savings Bank A/c No. ***111 (Old) which is opened and lying in Allahabad Bank(now Indian Page 1 of 5 Bank), Diamond Harbour Branch, Kolkata by Late Trishul Dutta and Basanti Dutta?

(iii) Whether the amount lying in Savings Bank A/c No. ***866 and Savings Bank A/c No. ***111 are still in active or the amount of both the accounts has been transferred to any other fund for non - operation? Etc. through 06 points.

2. Succinctly facts of the case are that the appellant filed an application dated 03.11.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Allahabad Bank, Kolkata, seeking aforesaid information. The CPIO vide letter dated 06.01.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 15.02.2021. The First Appellate Authority(FAA)vide order dated 20.03.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 29.04.2021before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 29.04.2021 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 06.01.2021 and the same is reproduced as under:-

"In this regard, you are informed that Diamond Harbour Branch of e-Allahabad Bank has made a search in the data available at their end but could not trace out the corresponding new number to the two old account numbers provided in your RTI application. The query has been taken up at back end and the information sought could not be traced at their level also. Hence no information to the queries raised in your RTI application is available to provide.

However, the branch could identify one account held in the name of Mr. Trishul Dutta and another with mode of operation "Either or Survivor" and the address in the Bank records for this account matches with the address on your RTI application.

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However, after the demise of Mr. Trishul Dutta as the account (********714) belongs to the "Survivor" we are unable to disclose any other details pertaining to the same, as you are not related to the referred at this point of time."

The FAA vide order dated 20.03.2021disposed of the first appeal and the same is reproduced as under:-

"The account no. ***866 - New SB account no. is ********714 in the name of Mr. Trishul Dutta and another with mode of operation 'Either or Survivor'. After the demise of Mr. Trishul Dutta the account *******8714 belongs to the 'Survivor'. Hence the information sought is exempted from disclosure under Section 8 (1) (e) - (Information available to a person in his fiduciary relationship) and 8 (1) (j) - (as the disclosure of such information would cause unwarranted invasion of privacy of the individual and does not involve larger public interest) under the RTI Act.

Regarding A/c No. ***111 with D H Road Branch - as per records it was in the name of Shri Sandip Dutta and account was closed in 2005."

5. The appellant with counsel Ms.Devyani Shah and on behalf of the respondent Ms. Sreeja Rani, Chief Manager, Indian Bank, Chennai attended the hearing through video conference.

5.1. The appellant inter alia submitted that he sought information regarding accounts on his deceased parents and being son of Late Trisul Dutta and Late Basanti Dutta, he was entitled for the information related to account of his deceased parents. He further submitted that he had already provided the documentary proof to establish his relationship with the account holder.

5.2. The respondent while defending their case inter alia submitted that the account number ***66- new account number was ******714 in the name of Mr. Trishul Dutta and another with mode of operation either or survivor. They informed that after the demise of Mr. Trishul Dutta the said account was being operated by the survivor. Accordingly, they expressed their inability to provide the information under section 8 (1) Page 3 of 5

(e) & (j) of the RTI Act. As regards to account no. *****11 with D H Road branch of the respondent bank, they informed thatthis account was closed in the year 2005.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the appellant sought information regarding account of his deceased parents i.e. Late Trisul Dutta and Late Basanti Dutta. The respondent replied that one account was opened jointly with mode of operation either or survivor and after demise of his father, the survivor was operating the account. However, another number *****11 was in the name of his deceased father only and the appellant being one of the legal heirs of his father, he was entitled for the details of his deceased father. In view of the above, the respondent is directed to revisit the RTI application and provide the revised information regarding the account which was marinated solely in the name of the appellant's deceased father, within three weeks from the date of receipt of this order. With the above obviations and direction, the appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 13.02.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

THE CPIO:

INDIAN BANK (ERSTWHILE ALLAHABAD BANK) HEAD OFFICE NO. 66, RAJAJI SALAI, CHENNAI- 600001 Page 4 of 5 THE FIRST APPELLATE AUTHORITY INDIAN BANK (ERSTWHILE ALLAHABAD BANK) HEAD OFFICE NO. 66, RAJAJI SALAI, CHENNAI- 600001 SH. SUDIP KUMAR DUTTA Page 5 of 5

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