Central Information Commission
Biswa Bhusan Nanda vs National Bank For Agriculture And Rural ... on 13 January, 2018
CENTRAL INFORMATION COMMISSION
Room No. 302, CIC Bhawan, Baba Gang Nath Marg,
Munirka, New Delhi-110067
Decision No. CIC/SH/A/2016/001656 Dated 09.01.2018
Biswa Bhusan Nanda vs. CPIO, National Bank for Agriculture & Rural
Development, Regional Office, Bhubaneswar
Relevant dates emerging from the appeal:
RTI: 22.02.2016 FA: 20.04.2016 SA: 30.06.2016
CPIO: 23.03.2016 FAAO: 25.05.2016 Hearing: 08.01.2018
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), National Bank for Agriculture & Rural Development, Regional Office, Bhubaneswar Odisha seeking information/documents on seventeen points, including, inter-alia, (i) details of cheques/pay orders paid by NABARD Odisha Regional Office (RO) to M/s Metro Builders (O) Pvt. Ltd., from time to time, its number(s), date, amount and name of the bank/commercial bank relating to his housing loan from NABARD, Odisha, RO, for his Flat No. 11- G-7, Metro City, Phase-II, 3rd floor, Nayapalli, Bhubaneswar and (ii) name of other working officers/employees of NABARD who have purchased flats of M/s Metro Builders at its projects Metro City, Phase- I and Phase-II with NABARD Housing Loan.
2. The appellant filed a second appeal before the Commission on the grounds that he is not satisfied with the response of the CPIO/FAA who denied information on many points by claiming exemption under Section 8(1)(j) or stating that the same is not "information" as per Section 2(f) of the RTI Act. The appellant stated that the matter is about fraud, cheating, forgery, impersonation, alteration of documents, illegal encroachment of government/public land, illegal and unauthorized alteration of house Page 1 building plan etc., and .requested the Commission to provide the information to him in public interest and also that he needs the information in connection with the criminal/civil cases filed by him.
Hearing:
3. The appellant Shri Biswa Bhusan Nanda and the respondent Shri K.C. Panigrahi, Chief Manager, National Bank for Agriculture & Rural Development, Regional Office, Bhubaneswar attended the hearing through video conferencing.
4. The appellant submitted that correct and complete information has not been provided to him in response to his RTI application dated 22.02.2016. The appellant further stated that respondent did not provide the details of the persons who have availed income tax benefits against the House Building loans availed from NABARD. The respondent also did not provide the details of payments made to the Director/owners of Hotel Presidency/Hotel Suryansh. The appellant requested the Commission to direct the respondent to provide the requisite information in the interest of justice.
5. The respondent submitted that point wise reply in response to the RTI application has been provided to the appellant vide letter dated 23.03.2016. The respondent further submitted that the information sought on point nos. 4 and 5 of the RTI application is voluminous in nature, collating and compiling of which would disproportionately divert the resources of the respondent organization. Nonetheless, the appellant was informed that all the officials of NABARD who had purchased flats in the Projects Metro City, Phase-I and Phase-II, by availing housing loan from NABARD have submitted necessary documents as required in terms of the guidelines issued by NABARD from time to time. Further, all such officers have availed tax rebate after submission of necessary documents as required in terms of the guidelines issued by NABARD from time to time. With regard to point no. 8 of the RTI application, the respondent submitted that an updated reply Page 2 shall be provided to the appellant. As regards point no. 11 of the RTI application, the respondent submitted that NABARD allows income tax rebate to its officer and staff for houses/flats purchased with bank's housing loan after receipt of necessary documents as required in terms of guidelines issued by NABARD from time to time, which are in consonance with the provisions of the Income Tax Act. The respondent further stated that a copy the guidelines shall be made available to the appellant.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that though point wise information has been provided by the respondent, complete information has not been provided on point nos. 8 and 11 of the RTI application. The Commission, therefore, directs the respondent to provide correct and complete information on point nos. 8 and 11 of the RTI application to the appellant within a period of four weeks from the date of receipt of a copy of this order.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (S.S. Rohilla) Designated Officer Page 3 Addresses of the parties:
1. The Central Public Information Officer (CPIO), National Bank for Agriculture & Rural Development, Odisha Regional Office, Nayapalli Civil Centre, Bhubaneswar-751015.
2. Shri Biswa Bhusan Nanda, Page 4