Central Information Commission
Abhinandan Kumar vs Bank Of India on 29 November, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/BKOIN/A/2017/144903
Abhinandan Kumar ... अ पीलकता/Appellant
VERSUS
बनाम
CPIO, Bank of India, Hazaribagh ... ितवादीगण /Respondents
Zone, Zonal Office, Hazaribagh,
Jharkhand
Relevant dates emerging from the appeal:
RTI : Date not
FA : 13.05.2017 SA : 20.06.2017
mentioned
CPIO : 13.04.2017 FAO : 29.05.2017 Hearing : 22.11.2018
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of India, Jori, Chatra seeking information on three points pertaining to the Kisan Credit Page 1 of 5 Cards, including, inter-alia, (i) total number of applications forwarded by the Block Development Officer (BDO), Hunterganj during the financial years 2012-13 to 2016-17, and (ii) the names of the farmers whose applications were disposed of during the period 2012-13 to 2016-17.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO has wrongly denied the information sought vide point nos. 2 and 3 of the RTI application under Sections 8(1)(d), (e) and (j) of the RTI Act. Further, the RTI application was forwarded to the CPIO concerned after the stipulated time period of five days and the CPIO's reply was provided with a delay. The appellant requested the Commission to direct the CPIO to provide the requisite information to him and to take appropriate action in the matter.
Hearing:
3. The appellant Shri Abhinandan Kumar and the respondent Shri Vijay Pratap Singh, Chief Compliance Officer, Bank of India, Zonal Office, Hazaribagh, Jharkhand attended the hearing through video conferencing.
4. The appellant submitted that he had sent the RTI application to Jori Branch, Bank of India, Chatra, Jharkhand by registered post vide receipt no. RJ102003325IN on 23.02.2017. However, the CPIO, Zonal Office, Bank of India, Hazaribagh, Jharkhand provided him a reply vide letter dated 13.04.2017 mentioning that the RTI application was received in their office on 23.03.2017. The appellant stated that the RTI application dated 23.02.2017 was transferred to Page 2 of 5 the CPIO, Zonal Office, Bank of India, Hazaribagh with a delay and consequently no reply was furnished to him within the stipulated time.
5. The respondent submitted that the RTI application was received from Jori Branch, Bank of India, Chatra, Jharkhand on 23.03.2017 and a pointwise reply was provided to the appellant vide letter dated 13.04.2017. He stated with respect to point no. 1 of the RTI application that year wise total number of applications for Kisan Credit Cards (KCC), which were forwarded by the Block Development Officer (BDO), Hunterganj was provided to the appellant. On point nos. 2 and 3 of the RTI application, the appellant has sought the names of farmers to whom KCCs were issued including, copies of their identity proofs and revenue receipts. Such information is held by the Bank in a fiduciary capacity. Moreover, it also relates to the personal information of third parties, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties and hence, the disclosure of the information sought is exempted under Section 8(1) (e) and (j) of the RTI Act. The appellant was accordingly informed.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, notes that due information has been provided to the appellant vide letter dated 13.04.2017 by the respondent.
7. The Commission observes that, as per the respondent, the RTI application dated 23.02.2017 was received from Jori Branch, Bank of India, Chatra, Jharkhand Page 3 of 5 on 23.03.2017. It appears that the Branch Manager, Jori Branch, Bank of India, Chatra, Jharkhand did not forward the RTI application within a reasonable time frame, to the CPIO, Zonal Office, Bank of India, Hazaribagh, Jharkhand. The Commission takes a serious view of this lapse. The Commission, therefore, directs the First Appellate Authority, Regional Manager, Bank of India, Zonal Office, Saketpuri, Hazaribagh, Jharkhand to inquire into the matter relating to the delay in forwarding the RTI application to the CPIO and to ascertain as to why the RTI application was not forwarded within the stipulated period of time to the CPIO. The FAA shall also, if required, take appropriate departmental action against the officers/officials responsible for the delay in forwarding the RTI application to the CPIO concerned. A copy of the inquiry report along with the action taken report shall be provided to the Commission as well as to the appellant within a period of six weeks from the date of receipt of a copy of this order.
8. With the above observations, the appeal is disposed of.
9. Copy of the decision be provided free of cost to the parties.
Sudhir Bhargava (सुधीर भागव) Information Commissioner (सूचना आयु ) िदनां क / Date 26.11.2018 Authenticated true copy (अिभ मािणत स!ािपत ित) S. S. Rohilla (एस. एस. रोिह ा) Dy. Registrar (उप-पंजीयक) 011-26105682 / [email protected] Page 4 of 5 Addresses of the parties:
1. The Central Public Information Officer (CPIO), Bank of India Hazaribagh Zone, Zonal Office: Saketpuri, Near Wales Ground, Hazaribagh Jharkhand- 82530.
2. The First Appellate Authority (FAA), Bank of India Hazaribagh Zone, Zonal Office: Saketpuri, Near Wales Ground, Hazaribagh Jharkhand- 82530.
3. Shri Abhinandan Kumar Page 5 of 5