Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Central Information Commission

Waheed Gaffar Khan vs Bank Of Maharashtra on 11 January, 2023

Author: Suresh Chandra

Bench: Suresh Chandra

                                      के   ीय सूचना आयोग
                               Central Information Commission
                                  बाबा गंगनाथ माग,मुिनरका
                                Baba Gangnath Marg, Munirka
                                नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/BOMAH/A/2021/118434
Waheed Gaffar Khan                                ... अपीलकता/Appellant

                                        VERSUS
                                         बनाम
CPIO: Bank of Maharashtra
Noida                                                      ... ितवादीगण/Respondents

Relevant dates emerging from the appeal:

RTI : 02.12.2020                 FA     : 05.01.2021          SA      : 15.04.2021

CPIO : 31.12.2020                FAO : 10.02.2021             Hearing : 16.11.2022


                                           CORAM:
                                     Hon'ble Commissioner
                                   SHRI SURESH CHANDRA
                                          ORDER

(09.01.2023)

1. The issue under consideration arising out of the second appeal dated 15.04.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 02.12.2020 and first appeal dated 05.01.2021:-

(i) "Is branch - 1068 staffs have visible name tag and name plate?
(ii) Are sub-staff wear uniform dress to be identified as a bank employee?
(iii) Give the name and designation of sub-staff of branch - 1068.
(iv) Provide the CCTV camera footage (1st to 30th November 2020) for confirming bank employees wear uniform dress and have visible name tag and name plate?
Page 1 of 5
(v) Can non-employee/not-staff be involved in the banking operations in branch -
1068?
(vi) Can you provide CCTV camera footage to identify the non-staff/non-employee being present and involved in the branch's banking operations (1st to 30th November 2020)?
(vii) Isn't it harmful for customer's safety, security & privacy that non-

employee/non-staff is present in the branch most of the time? Etc. through 28 points."

2. Succinctly facts of the case are that the appellant filed an application dated 02.12.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of Maharashtra, seeking aforesaid information. The CPIO vide letter dated 31.12.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 05.01.2021. The First Appellate Authority (FAA) vide order dated 10.02.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 15.04.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 15.04.2021 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 the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 31.12.2020 and the same is reproduced as under:-

     (i)       "Yes
     (ii)      Yes
     (iii)     Anand Kasshinath Tayade is posted as Daftari at Chandur Biwa Branch -
               1068.
     (iv)      No
     (v)       No

                                                                                   Page 2 of 5
   (vi)   No

(vii) No such persons present in branch premises.

(viii) Unable to answer hypothetical questions.

(ix) Non-staff are not involved in bank operations.

(x) Non-staff/non-employees are not involved in bank operations.

(xi) Basic facility and banking services provided by branch to handicapped people on priority.

(xii) Yes

(xiii) Depends upon the situation.

(xiv) Depends upon the situation

(xv) KYC non - compliant (xvi) If signature not matched then cash withdrawal request may be refused. (xvii) Network connectivity, electricity issue, hardware issue. (xviii) Yes, but the same cannot be provided.

(xix) Yes, but the same cannot be provided.

(xx) Yes, the items available are Adhesive tape, bandages, gauze roll, elastic bandages, antiseptic wipes, gloves etc. medicines are not available in the kit. (xxi) No such incident occurred at branch apart from this we have appointed BC agents to provide convenient banking facilities. (xxii) 1124 saving account opened by branch during the above period. (xxiii) Yes, branch ATM is functional all the time subject to availability of electricity, network etc. (xxiv) No the same cannot be provided as security issue is involved. (xxv) No the same cannot be provided as security issue is involved. (xxvi) No the same cannot be provided as security issue is involved. (xxvii)Branch always try to provide convenient service to the customers & public subject.

(xxviii) No such record exist at branch."

The FAA vide order dated 10.02.2021 and the same is reproduced as under:-

Page 3 of 5
"After perusal of the information sought at point no. a, b, c, d & e the same is easily accessible to public and you can inspect the same by paying visit to branch. Regarding handicapped people branch is providing services to them on priority.
With respect to point no. (f), the said persons are BCA agents/PTS will visit branch as per the requirement/if called by the BM, regarding mishaps with customer's financial data, documents & information the same cannot be replied being hypothetical information"

5. The appellant and on behalf of the respondent Shri Chandrasekhar, Chief Manager, Bank of Maharashtra, Akola, attended the hearing through video conference.

5.1. The appellant inter alia submitted that the reply given by the respondent was not satisfactory.

5.2. The respondent while defending their case inter alia submitted that they had furnished point-wise information to the appellant vide their letter dated 31.12.2020.

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 CPIO on 31.12.2020. Further, most of the queries raised by the appellant were in the form of questions. However, the respondent had replied to every single point raised in the RTI application. That being so, there appears to be no public interest in prolonging the matter further. Accordingly, the appeal is dismissed.

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

Sd/-


                                                                               सुरेश चं ा)
                                                            (Suresh Chandra) (सु        ा
                                                                            सूचना आयु )
                                                 Information Commissioner (सू
                                                                  दनांक/Date: 09.01.2023
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
Bank of Maharashtra,
Akola Zone,
Aarthmangal, Oak Marg,
Satav Chowk, Jatharpeth,
Akola-444 005
Maharashtra

The FAA
Bank of Maharashtra,
Akola Zone,
Aarthmangal, Oak Marg,
Satav Chowk, Jatharpeth,
Akola-444 005
Maharashtra

Shri Waheed Gaffar Khan,




                            Page 5 of 5