Central Information Commission
Mr.N P Sinha vs Allahabad Bank on 8 May, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/001530/18797
Complaint No. CIC/SG/C/2011/001530
Relevant Facts emerging from the Complaint:
Complainant : Mr. Narbadeshwa Prasad Sinha
57, Nandanpuri,Khajepura,
Patna- 800014(Bihar)
Respondent : Mr. P. N. Upadhayay
PIO & Manager (Planning)
Allahabad Bank
O/o The Dy General Manager.
Zonal Office. Budh Marg.
Patna - Gaya Road.
Patna -800001 Bihar
RTI application filed on : 06/09/2011
First appeal : 31/10/2011
Complaint filed on : 21/12/2011
Complaint Notice : 23/12/2011
Information sought:
(i) What is the reason behind not giving the following information of Para 4(v) of my RTI application dated 4.8.11 in your letter no. 120th. 18.8.11:-
"Has holders of such account been informed before conversion? Please give full details"
(ii) Please give the information required earlier as detailed above Para (i)
(iii) What are the reason for converting the following S/B accounts into dormat a/cs when their last transaction (deposit) were dated 8.6.11 and 21.02.11 respectively:
a) A/C 29460772869 ( Khajpura branch)
(b) A/C260759112 (Khajpura branch )
(iv) Had both the customers been properly informed before conversion of their S/B a/cs into dormat a/cs ? If so, please give me the copy of either customer's or post office's receipt.
(v) Has nouns prescribed for in pans (i) & (iii) of your letter no. 120 dt. 18.8.11 been followed in above conversion of accounts.
(vi)Who is the officer concerned by whose order the above conversion of accounts has been made? Please give me full details (i.e. name designation and ID no. ) of such officer.
(vii) Please give me the name and full address of the competent authority look after the complaint cases against an officer.
Grounds of the Complaint:
Information has not been provided.
Submissions of the CPIO:
The complainant Sri N. P. Sinha has submitted application under RTI on two occasions. The details are as under:
A. First Application Date of First Application: 04.08.2011 Page 1 of 3 Received at our Office: 08.08.2011 (copy enclosed) Reply/Information sent by us: 18.08.2011 vide letter No. Zo/Pat/P&D/RTI/12O dt. 18.08.11(Copy enclosed) B. Second Application Date of application: 05.09.2011 Received at our office on: 10.09.2011 (copy enclosed) Acknowledgement sent on: 10.09.2011 vide ID No.125 dated 10.09.2011 (copy enclosed) Reply/ Information sent by us: 24.10.2011 vide letter No. Zo/Pat/P&D/RTI/I5O dt.24.10.1 I (copy enclosed) On receipt of the second application, an acknowledgement was immediately sent to him intimating that the information is being gathered from our concerned branch. On inquiry it was found that the information sought under point no. (iii) Pertaining to two specific Savings a/cs of our Khjpura, Patna branch, was to be extracted from old records/computer software package prior to conversion on CBS module (Core Banking Solutions) which took some time. Information sought under point no. (iii) was related to the "reasons for converting two SB ACs Into dormant category". As information related to both the SB a/cs are kept in fiduciary capacity at our end, complete information of point no. (iii) were not divulged. However information sought under other six points was sent vide our letter no. Zo/Pat/RTI/150 dated 24.10.2011 a copy of which is enclosed. In respect of your letter under reference, we have already sent a copy of our earlier correspondence to the complainant vide our letter No. Zo/Pat/P&D/RTI/193 dated 07.01.2012 (copy enclosed) and again sent on 13.01.2012 vide our letter No.Zo/Pat/P&D/RTI/196 (copy enclosed)."
Submission of the complainant:
With reference to your above mentioned letter dt. 23.12.11, I would like to inform you that the following letters have been received by me
(i) CPIO's letter no. 150 dt. 24,10.11 (Received on 23.12.11)
(ii) ----------197 dt. 13.01.12(Received on 18.01.12)
(iii) FAA's no. 338 dt. 17.12.11 (Received on 28.01.12)
2. FAA , vide his order dt. 17.12.11, allowed the appeal and directed the CPIO to furnish the information immediately.
3. Vide his letter no. 150 dt. 24.10.11, the CPIO has furnished only two correct information i.e. for para (iv) & (vi) of Form-A. The rest of paras have not been answered to properly by the CPIO in his above mentioned letter. The asked and given information along with reason for non-acceptance may kindly be perused.
4. The holders of above two saving accounts have unnecessarily been harassed due to closing of the operation by the concerned bank official against the law (as per information mentioned for point-iii of the CPIO's letter 150 dt. 24.10.11.) . Now, the CPIO who is also the DGM of the bank is trying to protect the concerned officer by not giving the proper information in connection with paras (iii), (v) and (vi) of Form-A. I, therefore, request your honor to kindly consider my submission above sympathetically and direct CPIO to provide me correct and proper information regarding paras (iii),(v) and (vi) of Form-A. Relevant Facts emerging during Hearing:
The following were present Complainant: Mr. Narbadeshwa Prasad Sinha on video conference from NIC-Patna Studio; Respondent: Mr. P. N. Upadhayay, PIO & Manager (Planning) on video conference from NIC-Patna Studio;
Certain queries of the Complainant has not bee replied to by the PIO since they sought information about customers of the Bank. The Bank holds such information in a fiduciary capacity and is exempt under Section 8(1)(e) of the RTI Act. The Complainant states that the accounts belong to his sons and he can get an authorization letter from them. The Complainant states he will get letters from his sons stating that they have no objection to details of their account being given to the complainant and authorizing him to take the information. The PIO will provide the information sought by the Complainant within 15 days of receiving the No Objection Letters from the Complainant.Page 2 of 3
The PIO will also provide information with respect to query (vi) of the Appellant.
Decision:
The complaint is allowed.
The PIO is directed to provide the information sought by the Complainant in query
(vi) before 30 May 2012.
The PIO is also directed to provide the complete information within 15 days of receiving the authorization letter as directed above from the Complainant. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 08 May 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 3 of 3