Central Information Commission
Manoj Kumar Tiwari vs Reserve Bank Of India on 27 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/RBIND/C/2023/622069
Manoj Kumar Tiwari ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO:
State Bank of India ... ितवादीगण /Respondents
Ujjain
Relevant dates emerging from the complaint:
RTI : 12.12.2022 FA : 22.01.2023 Complaint : 02.05.2023
CPIO : 10.01.2023 FAO : 16.02.2023 Hearing : 17.09.2024
Date of Decision: 27.09.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Complainant filed an RTI application dated 12.12.2022 seeking information on the following points:
(i) Please provide exact language for validity of Bank cheque as it is written three month but my cheque has been dishonored on account of outdated/stale when it was valid technically/theoretically/genuinely as per three month. Cheque no.
684175 was deposited on 28/11/2022 at SBI Nanakheda Ujjain bearing issue date 29/08/2022. My complaint to SBI has been disposed off stating that as per Page 1 of 3 bank norms validity is 90 days. Please provide authentic copy of norms whether validity is three months or 90 days, I could have deposited my cheque 2/3 days earlier in case of validity of 90 days. If as per bank norms three months are 90 days then please provide information for one year in terms of days whether it is 365 or 360 days only as per bank norms. Please provide exact date till a cheque will not be stale as per bank norms if issuing date is 15/02/2023. Please provide information for how many cheque has been dishonored on this account only and total charges have been collected so far, since validity of cheque has been changed from six to three months 01/04/2012. Please provide copy of rules/norms/guidelines which are publicly displayed by bank for validity of 90 days.
2. The CPIO replied vide letter dated 10.01.2023 and the same is reproduced as under:-
Guideline and policy in respect of validation of instruments(cheques/drafts/payorders/banker's cheques) is as under:~ "In exercise of the powers conferred by Section 35A of the Banking Regulation Act, 1949, Reserve Bank had directed that with effect from April 1, 2012, banks should not make payment of cheques/drafts/pay orders/banker's cheques bearing that date or any subsequent date, if they are presented beyond the period of three months from the date of such instrument."
Seeking other information/explanation is not covered under the definition of information u/s 2(f) of RTI Act, 2005.
3. Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 22.01.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 16.02.2023 directed the CPIO to provide the amount and total numbers of such cheque, if the data is readily available for the branch where the appellant holds the account, in case no such data is available then the same may be informed to the appellant within 15 days from the date of this order.
Page 2 of 34. Aggrieved with the FAA's order, the Complainant approached the Commission with the instant Complaint dated 02.05.2023.
5. The Complainant and the respondent remained absent.
6. The Commission after adverting to the facts and circumstances of the case and perusal of records, observes that an appropriate and timely reply has been provided by the Respondent authority. Therefore, no intervention of the Commission is required in the matter.
In addition, since the CPIO remained absent during the hearing proceedings to present their case, the CPIO is directed to send a proper written explanation for disregarding the Commission's notice of hearing by not appearing before the Commission. The written explanation of the CPIO shall be sent to the Commission both through post and via uploading on http://dsscic.nic.in/online-link-paper-compliance/add within 15 days of the receipt of this order. Accordingly, 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: 27.09.2024
Authenticated true copy
Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. CPIO (Under RTI Act, 2005) State Bank of India Regional Business Office: Region 5, SBI Building, Budhwariya, Ujjain - 456001
2. Manoj Kumar Tiwari Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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