Central Information Commission
Naresh Gaud vs Punjab National Bank on 28 March, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/PNBNK/A/2023/141195
Naresh Gaud ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: Punjab National Bank
Ghaziabad ... ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 02.05.2023 FA : 10.07.2023 SA : 06.10.2023
Interim Decision :
CPIO : Not on record FAO : Not on record
17.12.2024
Date of Final Decision: 27.03.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 02.05.2023 seeking information on the following points:
(i) ीमान जी ाम पंचायत म ौला-पंचलोक का पंचायत िनिध खाता सं ा-
XXXX0100455010 खुला आ है उ ाम पंचायत िनिध खाते की िदनांक 01.04.2013 से आज िदनांक तक की बक खाता े टमे की स ािपत छाया ित दान कराने की कृपा करे ।
(ii) ीमान जी ाम पंचायत म ौला-पंचलोक का पंचायत िनिध खाता सं ा-
XXXX00642625 खुला आ है उ ाम पंचायत िनिध खाते की िदनांक 01.04.2013 Page 1 of 4 से आज िदनां क तक की बक खाता े टमे की स ािपत छाया ित दान कराने की कृपा करे ।
2. Having not received any response from the CPIO, the Appellant filed a First Appeal on 10.07.2023 FAA's order, if any, is not available on record.
3. Aggrieved with the non-receipt of the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 06.10.2023. Interim Decision 17.12.2024:
4. Both parties remained absent.
5. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that no response has been given by the respondent, despite a period of one-and-a-half years having elapsed. Moreover, the CPIO remained absent despite having received the hearing notice, well-in-advance. In view of this, the Commission takes serious note of Shri Gajendra Choudhury, CPIO in having clearly failed to adhere to the stipulations contained in the RTI Act and for not bothering to explain the omission through any written or oral submissions during the hearing, is now show-caused to send a proper written explanation to the Commission for not responding to the instant RTI Application(s) within the stipulated time frame of the RTI Act and for not attending the hearing. The said written explanation shall reach the bench within 15 days of the date of receipt of this order, failing which, adverse action may be initiated against him under Section 20(1) of the RTI Act. The written explanation of the CPIO shall be sent to the Commission both through post and via uploading on http://dsscic.nic.in/online-link-paper-compliance/add within 15 days of the receipt of this order. Meanwhile, the CPIO is also directed to provide an appropriate reply to the appellant, as per provisions of the RTI Act, within 15 days from the date of receipt of this order, under intimation to the Commission. Accordingly, the appeal is reserved for final order.
Final Decision 27.03.2025:
6. In compliance of the show cause notice issued by the Commission on 17.12.2024, the respondent furnished the following written explanations on 02.01.2025:
Page 2 of 4" RTI application dated 02.05.2023 of Sh. Naresh Gaur was received at branch by post. Branch immediately approached the customer and informed him again and again that the sought information being a third-party information cannot be provided to him (Branch Head explained the same to him in the branch premises in front of many customers). Applicant was advised by the branch to bring authority letter from the account holder whose information was sought by the applicant. However, no such letter was submitted by the applicant even after passing of considerable period of time.
CIC hearing notice was received in our Bank on 03.12.2024 but the concerned DAK was received by the respective department on 11.12.2024 (Date of Hearing). At that time, I was on official leave due to medical emergency. On 12.12.2024 branch was advised to contact the applicant and make him satisfied but Branch Head said applicant is again and again forcing to provide the third party information. It might be due to the same reason the applicant did not attend the hearing before CIC on 11.12.2024.
The non appearance before CIC happened due to I being on official leave and for the same I am tendering an unconditional apology and assure that in future utmost care and precautions shall be taken in compliance of any order of CIC and no such error shall occur again. In past also notices received from CIC have been complied and hearings have been attended on all dates Your notice is highly important for me and for our Bank always.
As per your directions by order dated 17.12.2024, we have disposed the RTI application of the applicant by reply dated 02.01.2025 which is enclosed herewith. In view of the above, I request you to accept my apology and taking a lenient view not to take any adverse action with respect to the above show cause notice issued."
Further, the CPIO has emphasized on the fact that the appellant has been seeking third-party information repeatedly and he has been informed time and again that the information sought pertained to third-party. The CPIO reiterated the same vide letter dated 02.01.2025 that the information sought in the RTI application is exempted under Page 3 of 4 the provisions of Section 8 (1) (d), (e) and (j) of the RTI Act. In view of the above, the Commission finds the CPIO's explanations satisfactory and reasonable. Further, there appears to be no mala fide intention on the part of the CPIO in this case. Therefore, the show cause issued by the Commission on 17.12.2024 is hereby dropped. Accordingly, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 27.03.2025 Authenticated true copy Sharad Kumar (शरद कुमार) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO Punjab National Bank, Circle Office, KJ-13, Kavi nagar, Ghaziabad, UP- 201022
2. Naresh Gaud Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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