Farid Ahmed vs Rural / Gramin Banks on 29 June, 2022

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Central Information Commission

Farid Ahmed vs Rural / Gramin Banks on 29 June, 2022

1. The issue under consideration arising out of the second appeal dated 29.04.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 21.10.2019 and first appeal dated 20.12.2019:-

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2. Succinctly facts of the case are that the appellant filed an application dated 21.10.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Baroda Rajasthan Kshetriya Gramin Bank, Bhilwara, seeking aforesaid information. The CPIO vide letter dated 04.12.2019 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 20.12.2019. The First Appellate Authority (FAA) vide order dated 15.01.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 29.04.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 29.04.2020 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 complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 04.12.2019 and the same is reproduced as under:-

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The FAA vide order dated 15.01.2020 agreed with the views taken by the CPIO.

5. The appellant and on behalf of the respondent Shri Ram Prakash Sharma, Chief Manager and Shri Mohit Sharma, Rajasthan Kshetriya Gramin Bank, Bhilwara attended the hearing through video conference.

5.1. The appellant inter alia submitted that he was satisfied with the information provided by the respondent on point nos. 1, 3 & 4 of the RTI application. He requested the Commission to direct the respondent to provide complete information on point nos. 2, 5 & 6 of the RTI application. He further submitted that his loan account was closed, then how the cheque book was issued by the bank from that account. As regards to point nos. 5 and 6 of the RTI application, he stated that the bank had arbitrarily denied the information.

5.2. The respondent while defending their case inter alia submitted that they had already provided point-wise information/reply to the appellant vide letter dated 04.12.2019. They further submitted that the appellant had two accounts with the bank one was saving bank account and another was loan account. They informed that loan account was closed by the appellant whereas his saving bank account was in operation Page 3 of 5 and the cheque book was issued from his saving bank account. Besides, the submitted that information sought on point nos. 5 and 6 of the RTI application was in the form of queries which did not fall within the definition of "information" as defined under section 2 (f) of the RTI Act.

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 had provided point- wise information/reply to the appellant vide letter dated 04.12.2019. However, the reply given on point nos. 5 and 6 of the RTI application by the respondent was evasive. The respondent's contention that information sought on point nos. 5 & 6 of the RTI application was in the form of queries was not sustainable as the appellant had sought specific information regarding the dates up to which non-CTS cheque and old cheques of Bhilwara Ajmer Kshetriya Gramin Bank were in use in the respondent bank. In view of the above, the respondent is directed to revisit the RTI application and provide the revised information/reply on point nos. 5 & 6 of the RTI application, within two weeks from the date of receipt of this order. With the above observations and directions, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date: 28.06.2022 Authenticated true copy R. Sitarama Murthy ( आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 4 of 5 Addresses of the parties:

CPIO: CHIEF MANAGER BARODA RAJASTHAN KSHETRIYA GRAMIN BANK REGIONAL OFFICE:

LOCKPEEDA COMPLEX 8, R C VYAS COLONY, BHILWARA 311 001 THE FIRST APPELLATE AUTHORITY REGIONAL MANAGER BARODA RAJASTHAN KSHETRIYA GRAMIN BANK LOCKPEEDA COMPLEX 8, R C VYAS COLONY BHILWARA- 311 001 RAJASTHAN SH. FARID AHMED Page 5 of 5

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