S.Muruganandham vs Indian Bank on 31 December, 2019

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Central Information Commission

S.Muruganandham vs Indian Bank on 31 December, 2019

1. The issues under consideration arising out of the second appeal dated 12.09.2017 include non-receipt of the following information raised by the appellant through his RTI application dated 20.03.2017 and first appeal dated 01.06.2017:-

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2. Succinctly facts of the case are that the appellant filed an application dated 20.03.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Indian Bank, Corporate office, Chennai seeking aforesaid information. The CPIO replied on 21.04.2017. Dissatisfied with the response of the CPIO, the appellant filed first appeal dated 01.06.2017. The First Appellate Authority disposed of the first appeal vide order dated 23.06.2017.

Aggrieved by this, the appellant has filed a second appeal dated 12.09.2017 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 12.09.2017 inter alia on the grounds that the reply given by the CPIO is not satisfactory and the FAA has reiterated the reply given by the CPIO. The appellant requested the Commission to provide the information, award him compensation for the losses and sufferings due to Page 3 of 6 denial of information/vital documents and impose penalty on the CPIO and the FAA as per sub-sections (1) of section 20 of the RTI Act.

4. The CPIO vide letter dated 21.04.2017 replied that information sought is more than 23 years old and the documents are not available at the branch, hence the information could not be given. Moreover, the CPIO stated that other documents submitted by the branch before DRT can be accessed. The FAA has upheld the reply given by the CPIO.

Hearing on 26.03.2019:

4.1. The appellant along with his representative and the respondent Mr. Deepak Senthil, Sr. Manager, Indian Bank attended the hearing through video conference. 4.2. The Commission passed the following directions on 08.08.2019:

"6. The Commission has adverted to the facts and circumstances of the case, heard both parties and perused the relevant records. It is revealed that the respondent have not claimed any exemption nor claimed that the records were destroyed while denying the information. The appellant has claimed that he has been pursuing the case for last over 27 years and a court case was filed in 1991. Public authorities are under obligation to preserve the documents (public records) where there are court cases for about 30 years or till the matter is finally settled. The appellant has claimed that as there was a court case the information was technically available with them and that huge loans were sanctioned by the respondent bank to the aforementioned company without following due procedure and that the disclosure of the information was in public interest. The appellant has alleged malfeasance and also alleged that the respondents were denied information to escape public accountability. The Commission also observed that the CPIO was not present to attend the hearing. On the other hand, junior officers were deputed in spite of notices. In view of this, the respondent is directed to do the needful and furnish the information to the appellant.

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6.1. The Commission further directs the Registry of this Bench to issue a Show Cause Notice to Shri Praveen Kumar Dani, the CPIO & Dy. General Manager and Shri P.A. Krishnan, the then CPIO for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against each of them for not providing the information. The present CPIO, Shri Praveen Kumar Dangi is under obligation to serve this show cause notice to then CPIO, Shri P.A. Krishnan and secure his explanations. All the written explanations must reach to this commission within four weeks from the date of receipt of this order."

Hearing on 19.11.2019:

5. The appellant and on behalf of the respondent Shri Vijaya Shankar, Assistant General Manager, attended the hearing through video conference.

5.1. The appellant submitted that he had not received complete information so far.

5.2. The respondent submitted that the information was 34 years old. Moreover, the appellant was invited for inspection of records relating to the information requested for on 10.04.2017 but the appellant did not avail the opportunity of inspection. The respondent assured the Commission that they would again try to trace records in their Branch. The respondent further submitted that Shri Praveen Kumar Dangi had submitted his written explanation vide letter dated 05.09.2019 but was unable to attend the hearing.

6. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, feels that Shri Praveen Kumar Dangi, CPIO, has requested for an adjournment vide letter dated 13.11.2019. Moreover, Shri P.A. Krishnan, the then CPIO has not submitted any written explanation in response to the show cause notice. The appellant has not raised any objections to the request Page 5 of 6 for adjournment. In view of this, both the CPIOs are given a final opportunity to appear before the Commission in the next hearing. Shri Praveen Kumar Dangi is given the responsibility to ensure that the copy of this order is served upon Shri P.A Krishnan and that his explanation is placed on records of the Commission. Accordingly, the matter is adjourned.

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

Sd/-

Suresh Chandra (सुरेश चं ाा)) Information Commissioner (सूचना आयु ) दनांक/ Date: 27.12.2019 Authenticated true copy (अिध मािणत स य ित) R. Sitarama Murthy(आर. सीताराम मू त) Deputy Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) ADDRESSES OF THE PARTIES:

THE CP IO, INDIAN BANK (CORPORATE OFFICE), 254-260, AVVAI SHANMUGHAM SALAI, ROYAPETTAH, CHENNAI-600014.

FIRST APPELLATE AUTHORITY (UNDER RTI ACT), CORPORATE OFFICE, GENERAL MANAGER, INDIAN BANK (MSME/MID CORPORATE /IRV), 254-260, AVVAI SHANMUGHAM SALAI, ROYAPETTAH, CHENNAI-600014.

MR. S.MURUGANANDHAM, Page 6 of 6

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