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[Cites 3, Cited by 0]

Central Information Commission

V S S Krishna vs Indian Bank on 5 December, 2022

Author: Suresh Chandra

Bench: Suresh Chandra

                                       के   ीयसूचनाआयोग
                               Central Information Commission
                                   बाबागंगनाथमाग ,मुिनरका
                                Baba Gangnath Marg, Munirka
                                नई द ली, New Delhi - 110067
ि तीयअपीलसं या / Second Appeal No.CIC/IBANK/A/2020/694116
V S S Krishna                                    ... अपीलकता /Appellant


                                       VERSUS
                                        बनाम

CPIO: Indian Bank, Chennai
                                                         ... ितवादीगण/Respondents

Relevant dates emerging from the appeal:

RTI : 19.06.2020                 FA    : 01.10.2020         SA      : 28.11.2020

CPIO : 23.09.2020                FAO : 02.11.2020           Hearing : 21.10.2022


                                          CORAM:
                                    Hon'ble Commissioner
                                  SHRI SURESH CHANDRA
                                         ORDER

(29.11.2022)

1. The issue under consideration arising out of the second appeal dated 28.11.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 19.06.2020 and first appeal dated 01.10.2020:-

(i) From this April 2020 Allahabad bank is merged with INDIAN BANK Yes or No?
(ii) When the Allahabad bank is merged with you [INDIAN BANK] then all the Allahabad bank merit and demerit is depending up on you [INDIAN BANK] YES OR NO?
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(iii) If your answer is YES for the above two queries means then you are required to give the answers for below inner queries.
(iv) if the Allahabad bank hand over the proposal to the LIC OF INDIA means and it will complete in that agency code 8000241L means Allahabad bank details are required to print in the Agent columns!! Are you agreed with my point??

Butin that agency columns Allahabad bank details was not printed especially in Salem are [LIC OF INDIA SALEM DIVISION] in that agent columns "MY NAME AND MY PERSONAL MOBILE NUMBER WAS PRINTED"!!! HOW???

You want proof?? I am ready to submit the sample image to you.....

Now he sought additional information on the following points:

(i) Why the appellant's name and his PERSONAL MOBILE NUMBER IS PRINTED IN THE AGENT COLUMN WHICH IS COMPLETED IN THE ALLAHABAD BANK AGENCY CODE?
(ii) Who get the commission for this following policy 709522825 ME [V S S KRISHNA] or ALLAHABAD BANK?
(iii) Regarding this issue I sent the detail mail to you and I file the RTI also they also collect the information from LIC OF INDIA.
(iv) LICI mention "FSE were assigned certain business targets and FSE codes were captured in the proposals to facilitate the review of their performance.

Continuity and payment of Incentives". Are you noted that LICI clearly agreed my designation it is very clear I am FSE in LIC OF INDIA. I agreed I have targets and I receive the incentives in the performance basis...but it is not answer for my letter. In which angle this content relate with your letter which you sent to the LICI because this is the Employer and Employee mater.

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(v) LICI also mention "The Bank agency code is also available under the head Agency code in the policy bond". Yes Allahabad BankAgency code [8000241L] is available in the Agency code Column.

Are you noted that LICI printed "MY NAME IN AGENCY NAME' ALSO THEY PRINTED MY PERSONAL MOBILE NUMBER IN AGENT'S MOBILE/LANDLINE NUMBER'.As per LICI reply it is clear I am the FSE in LICI but they mention my name and personal mobile number in the agency related columns are you realize in that place actually your Allahabad bank name and Allahabad bank contact number are required to print but LICI mention my details??? WHY?? Actually, who is the agent ME?? OR ALLAHABAD BANK??If your bank name and contact number mention in the bond mean I did not raise the question but LICI mention MY NAME AND MY PERSONAL MOBILE NUMBER DETAILS IN THE THIRD PARTY BONDS WHICH PROPOSAL'S COMPLETED IN YOUR BANK AGENCY CODE!!!

(vi) LIC also mention "The data captured in the proposal form gets reflected in the policy bond."Are you accepting his words?? Because their reply is very clear that "Date captured in the proposal form gets reflected" it means "MY NAME [V S S KRISHAN] AND MY PERSONAL MOBILE NUMBER [9790750692] IS REGISTED AS AGENCY NAME AND AGENT MOBILE NUMBER". If in the proposal is completed in your bank agency code your bank receive the commission from the LICI but in the same policy bond my name and my personal what I get??

(vii) Why My Name & MY Personal Mobile Number mention in your customers policy bond which is completed in your Bank agency code!!

(viii) If my details [Data] is reflected from the proposal form means are you "EXAMINE THE PROPOSAL FORMS?? IF YES THEN GIVE ME THE COPY OF THE PROPOSAL OF THE ABOVE POLICY".

Page 3 of 7

NOTE:

If LIC OF INDIA DID NOT ALLOW YOU TO EXAMINE THE PROPOSAL FORM MEANS YOU ARGUE WITH THEM BECAUSE YOU ARE THE CORPORATE AGENT OF THE POLICY BECAUSE NOW ALLAHABAD BANK IS MERGED WITH YOU..
(v) My Privacy Data was leaked in your Bank customer's policies bonds.
(vi) In my working time they did not receive any kind of permission from me to print my name in the policies bond!! Are they receiving any permission from you??? To print my privacy data??
(vii) When you receive his E-mail (screen shot attached with the RTI application)?? Give me that exact date.
(viii) As on date what are the action are you taken regarding my E-mail??
(ix) Regarding my E-mail are you contact me? In my contact number??
(x) Regarding my E-mail are you sent any Mail/letter to LIC of India means give me the copy of the document with proper attestation.

2. Succinctly facts of the case are that the appellant filed an application dated 19.06.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Indian Bank, Chennai, seeking aforesaid information. The CPIO vide letter dated 23.09.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 01.10.2020. The First Appellate Authority (FAA) vide order dated 02.11.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 28.11.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 28.11.2020inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the 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 23.09.2020 and the same is reproduced as under :-

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 (i)          Yes.

(ii)         Queries       seeking        confirmation/validation/explanation/clarification/reasons/drawing      of

inferences/hypothetical situation or conditional replies are not be covered within the definition of information under RTI Act, 2005.

This does not relate to Bank. LIC letter dated 01.02.2020 is enclosed as Annexure II which explains the information sought by the applicant.

No information sought as per Section 2(f) of the RTI Act, 2005.

(iii)        Refer Annexure II.

(iv)         As the information sought relates to LIC of India, the applicant shall take up with
             the concerned public authority.

(v)          No information sought as per section 2(f) of the RTI Act, 2005
(vi)         No information sought as per section 2(f) of the RTI Act, 2005.

(vii) Queries seeking confirmation/validation/explanation/clarification/reasons/ drawing of inferences/hypothetical situation or conditional replies are not covered within the definition of information a defined under section 2 (f) under RTI Act, 2005.

Allahabad Bank was the Corporate agent of LICI

(viii) Queries seeking confirmation/validation/explanation/clarification/reasons/drawing of inferences/hypothetical situation or conditional replies are not covered within the definition of information a defined under section 2 (f) under RTI Act. However, refer Annexure II.

(ix) The information sought does not pertain to our Bank, LICI response dated 01.02.2020 is enclosed as Annexure II

(x) & (xi)The information sought relates to LICI. As Erstwhile Allahabad Bank has provided reply to similar queries raised by the applicant through his RTI application, vide their reply letter dated 10.02.2020-the applicant is informed that it shall be referred. Further, printing his mobile number and name on the Bond shall be taken up directly with LIC of India which is also another public authority.

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(xi) Copy of the email dated 27.05.2020 was received at Indian Bank Customer Service Cell, [email protected] on 27.05.2020.

(xii) No information is available on record.

(xiii) No information is available on record.

(xiv) No information is available on record The FAA vide order dated 02.11.2020 agreed with the reply given by the CPIO.

5. The appellant and on behalf of the respondent Ms Sreeja Rani, Chief Manager, Indian Bank, Chennai, attended the hearing through video conference.

5.1. The appellant inter alia submitted that his personal details like name & mobile number was printed in the LIC bond. He stated that when they enquired from the bank, they informed that the data captured in the proposal form gets reflected in the policy bond. He stated that erstwhile Allahabad Bank was corporate agent of the LIC before 01.04.2020. Therefore, he sought aforesaid information from the respondent bank however the reply given by the respondent was incomplete and evasive.

5.2. The respondent while defending their case inter alia submitted that they had already provided point-wise information/reply to the appellant vide letters dated 23.09.2020 and 02.11.2020. They further submitted that most of the queries raised by the appellant 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. They contended that if the name and other personal details of the appellant was printed in the LIC bonds of policyholders then rectification could be done from the LIC office only not from the respondent bank.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that due reply was given by the respondent vide their letters dated 23.09.2020 and 02.11.2020. Most of the information raised by the appellant 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. Perusal of the records Page 6 of 7 revealed that the appellant had grievance with regard to printing of his personal details on the LIC bonds and for rectification he may approach before the concerned public authority. That being so and the reply having been provided there appears to be no public interest in further prolonging the matter. Accordingly, the appeal is dismissed.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 29.11.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत ) उपपंजीयक) Dy. Registrar ( 011-26181927(०११-२६१८१९२७) Addresses of the parties:

The CPIO Indian Bank Head Office 66 Rajaji Salai, Chennai, TamilNadu - 600001 First Appellate Authority Indian Bank CorporateOffice, 254-260 Avvai Shanmugam Salai, Royapettah,Chennai, TamilNadu - 600014 Shri V S S Krishna, Page 7 of 7