Central Information Commission
Sunil Kumar Chopra vs Central Bank on 13 October, 2021
Author: Suresh Chandra
Bench: Suresh Chandra
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/CBIND/C/2019/642875
Sunil Kumar Chopra ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO: Central Bank of India,
Chandigarh ... ितवादीगण /Respondents
Relevant dates emerging from the complaint:
RTI : 29.03.2019 FA : 08.05.2019 Complaint : NIL
CPIO : 24.04.2019 FAO : 14.05.2019 Hearing : 07.10.2021
CORAM:
Hon'ble Commissioner
SHRI SURESH CHANDRA
ORDER
(11.10.2021)
1. The issues under consideration i.e. the reliefs sought by the complainant in the complaint dated NIL due to alleged non-supply of information vide RTI application dated 29.03.2019 are as under:-
Provide copy of Resolution submitted by the original Trustees of the Trust at the time of opening of Current Account No. *******868 ot Trust with Central Bank of India.
Take necessary action as per the provisions of the RTI Act.
2. Succinctly facts of the case are that the complainant filed an application dated 29.03.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Page 1 of 4 Information Officer (CPIO), Central Bank of India, Chandigarh, seeking the following information:
(i) Copy of resolution passed by Sh. Sanatan Dharam Parchar Mandal (Trust) Chandigarh through which Trustees or any other person was authorized to operate current account number *******868 and has been Authorized to sign the cheques.
(ii) Name of the person/persons who is operating above account since January, 2018.
(iii) Details of the persons who signed cheque number 026297dated 10.12.2018 pertaining to above account.
The CPIO vide letter dated 24.04.2019 replied to the complainant. Dissatisfied with the same, the complainant filed first appeal dated 08.05.2019. The First Appellate Authority (FAA) vide order dated 14.05.2019 disposed of the first appeal. Aggrieved by the First Appellate Authority's order, the complainant filed a complaint dated NIL before the Commission which is under consideration.
3. The complainant has filed the instant complaint dated NIL inter alia on the grounds that reply given by the CPIO was incomplete not satisfactory.
4. The CPIO replied vide letter dated 24.04.2019
(i) "Copy of resolution date 10.10.2018 is attached.
(ii) Persons authorized to operate the account *******868 from 01.01.2018 was − Trilokinath − Sunil Chopra − Arun Kumar Mahajan.
Persons authorized to operate the account *******868 after receipt of new resolution.
− S L Goyal − Rajeev Goyal − Subhash Bansal.
Page 2 of 4(iii) Cheque No. 026297 dated 10.12.2018 of Rs. 3000/- pertaining to account no. ********868 was signed by S L Goyal and Mr. Subhash Bansal."
The FAA vide order dated 14.05.2019 agreed with the view of CPIO.
5. The complainant and on behalf of the respondent Shri Anil Batra, Chief Manager and Shri Ashish Verma, General Manager(Law), Central Bank, Chandigarh, attended the hearing through video conference.
5.1. The complainant inter alia submitted that he had received the CPIO's reply dated 24.04.2019. However, in the reply, the respondent provided copy of copy of Resolution dated 10.10.2018 passed by the Trust i.e. Shree Sanatan Dharam Parchar Mandal related to operation of the account of the Trust whereas he wanted copy of resolution passed by the Trustees at the time of opening of Bank Account No *********68. Accordingly, he requested the Commission to direct the respondent to provide the desired information/document without further delay.
5.2. The respondent while defending their case inter alia submitted that they vide letter dated 24.04.2019 already provided point-wise information/reply including copy of the resolution dated 10.10.2018 of the Trust to the complainant. They further submitted that the complainant in his RTI application had not specified the date of resolution which he wanted and during the course of hearing he was trying to amend the queries which were not part of the original RTI application.
6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that due reply/information was provided by the respondent vide letter dated 24.04.2019. The complaint during the course of hearing specifically contended that he wanted copy of resolution passed by the Trustees of the aforesaid Trust which was given to the bank at the time of opening of A/c No *********68. However, the same was not part of his original RTI application and the RTI application cannot be changed at this stage. There appears to be no mala fide on part of the respondent in responding to the RTI application. Further, the complainant's request for directions cannot be considered in view of the following observations made by the Hon'ble Page 3 of 4 High Court of Delhi in its judgment dated 28.10.2013 J.K. Mittal vs. Central Information Commission and Anr. [W.P.(C) No. 6755/2012] which is as under:
"....there can be no dispute that while considering a complaint made under Section 18 of the Act, the Commission cannot direct the concerned CPIO to provide the information which the complainant had sought from him. Such a power can only be exercised when a Second Appeal in terms of Sub section (3) of Section 19 is preferred before the Commissioner."
In view of the above observations, the Commission feels that there is no merit in this complaint and the same is liable to be rejected. Accordingly, the complaint is rejected.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date: 11.10.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:
CPIO :
1. CENTRAL BANK OF INDIA REGIONAL OFFICE, S.C.O 58-59, SEC. - 17B, BANK SQUARE, CHANDIGARH - 160 017 THE FIRST APPELLATE AUTHORITY, CENTRAL BANK OF INDIA, ZONAL OFFICE, S.C.O 58-59, SEC. - 17B, BANK SQUARE, CHANDIGARH - 160 017 SUNIL KUMAR CHOPRA Page 4 of 4