S Karthikeyan vs Canara Bank on 1 June, 2022

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Central Information Commission

S Karthikeyan vs Canara Bank on 1 June, 2022

1. The issue under consideration arising out of the second appeal dated 03.01.2020 include non-receipt of the following information raised by the appellant through the RTI application dated 04.01.2019 and first appeal dated 23.10.2019:-

(i) "Bank's RTI reply letter (Canara Bank RTI Ref: TUT RO RTI 58 2018 - 19 RTI 15 dt 20.12.2018) for RTI application (our RTI ref:RTI/20 dt 09.11.2018) the public information officer (RTI) Canara bank said "point no. 4 - the cheque is reported to be returned by the branch to the party/presenter on 13.03.2012". Kindly give photocopy of acknowledgment to prove cheque return on 13.03.2013 to party/presenter.

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(ii) RTI reply letter (Canara Bank RTI Ref: TUT RO RTI 58 2018 - 19 RTI 15 dt 20.12.2018) for RTI application (our RTI ref:RTI/20 dt 09.11.2018) the public information officer (RTI) canara bank said "point no. 4 - the cheque is reported to be returned by the branch to the party/presenter on 13.03.2012".

Kindly let him know mode of cheque return either register post or ordinary post or courier.

(iii) Your RTI reply letter (Canara Bank RTI Ref: TUT RO RTI 58 2018 - 19 RTI 15 dt 20.12.2018) for our RTI application (our RTI ref:RTI/20 dt 09.11.2018) the public information officer (RTI) canara bank said "point no. 4 - the cheque is reported to be returned by the branch to the party/presenter on 13.03.2012". If cheque return to party/presenter personally, kindly let him know person name & designation who collected return cheque from bank.

(iv) Party/presenter deposited SBI cheque (Cheque No: 086310 dt 03.01.2012) on 04.02.2012 at Canara Bank, Virudhunagar Branch but cheque returned to part/presenter on 13.03.2012. Kindly let him know reason for delay in cheque return to party/presenter."

2. Succinctly facts of the case are that the appellant filed an application dated 04.01.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Canara Bank, Virudhunagar, seeking aforesaid information. The CPIO vide letter dated 26.09.2019 replied to the appellant. Aggrieved with the same, the appellant filed first appeal dated 23.10.2019. The First Appellate Authority (FAA) vide order dated 31.10.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed second appeal dated 03.01.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 03.01.2020 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Page 2 of 4 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 26.09.2019 advised the appellant to take up the matter with their Virudhunagar branch and obtain the information directly in accordance with the banking system. The FAA vide order dated 31.10.2019 provided following information:-

(i) "You have sought for photocopy of acknowledgment to prove cheque return on 13.03.2012 to the party/presenter. But the required information is not available.

(ii) The cheque is not returned neither by register post/ordinary post or courier.

(iii) The required information is not available.

(iv) The reason for delay in cheque return to party/presenter could not be ascertained from the branch."

5. The appellant and on behalf of the respondent Ms. Sukanya V, Manager, Canara Bank, Tuticorin attended the hearing through video conference.

5.1. The appellant inter alia submitted that he had a current bank account with the respondent bank and he was the sole proprietor in it. He further stated that he had certain financial disputes with another individual, therefore, he had issued stop credit instructions to the bank for his account. However, in spite of the stop credit instructions, that individual had deposited a cheque in his account and he had sought the deposit slip from the bank. However, the bank had not provided the same to him.

5.2. The respondent while defending their case inter alia submitted that they had received the instructions of the appellant and had returned the cheque to the depositor. The respondent further submitted that as per general procedure, in cases of defect or other cases including stop payment, the concerned presenter of the cheque was called to the bank and the cheque was returned after taking his/her signature in their register. However, in the present case the cheque was presented in 2012, therefore, the register being too old was no longer available under their custody.

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6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the respondent claimed that the register acknowledging the return of cheque in 2012 was old and was no longer available under their custody. However, the respondent did not provide any evidence in that regard. In view of the above, the respondent is directed that an affidavit may be filed before the Commission affirming that the information was not available under their custody; and provide a copy of the same to the appellant within three weeks from the date of receipt of this order. With these observations and directions, the appeal is disposed of.

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

Sd/-


                                                                            सुरेश चं ा)
                                                         (Suresh Chandra) (सु        ा
                                                                         सूचना आयु )
                                              Information Commissioner (सू
                                                               दनांक/Date: 30.05.2022
Authenticated true copy

R. Sitarama Murthy (आर. सीताराम मूत )
Dy. Registrar (उप पंजीयक)
011-26181927(०११-२६१८१९२७)


Addresses of the parties:
CPIO : CANARA BANK
 REGIONAL OFFICE, FIRST FLOOR,
2ND STREET, CHIDAMBARA NAGAR,
THOOTHUKKUDI - 628008
(TAMIL NADU)


THE FIRST APPELLATE AUTHORITY
ASSISTANT GENERAL MANAGER
CANARA BANK REGIONAL OFFICE
THOOTHUKKUDI -628008


SHRI S KARTHIKEYAN




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