Pubali Banerjee vs State Bank Of India on 8 December, 2021

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Central Information Commission

Pubali Banerjee vs State Bank Of India on 8 December, 2021

1. The issues under consideration arising out of the second appeal dated Nil include non-receipt of the following information raised by the appellant through the RTI application dated 09.02.2019 and first appeal dated 05.04.2019:-

 Seeking information with respect to my deceased father's Savings Bank Account/ Term Deposits/ Fixed Deposits/ PPF Account & Senior citizen fixed deposits of late Shri Biswanath Aich having PAN No. - ******035J under RTI Act, 2005. This has reference to his email dated 16.01.2019 & 23.01.2019 to SBI branches of branch code 7089, 7090 & 1360, letters sent through speed post vide speed post tracking no. ED996365543IN, ED996365565IN & ED996365591IN to respective SBI branches.

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(i) Whether there are any Savings Bank account/term deposits/ fixed deposits/PPF account & senior citizen fixed deposits in SBI in the name of late Sri Biswanath Aich, S/o Late Keshab Lal Aich, having PAN No. ******035J.

(ii) If yes, furnish the details of all the SBI Savings Bank Account/Term Deposits/ fixed deposits & senior citizen fixed deposits along with the money kept in each savings/ fixed deposit of late Biswanath Aich.

(iii) Whether nomination has been registered against each of the accounts mentioned above.

(iv) If the answer to question no. 3 is yes, furnish the name of the nominee/nominees against each Savings bank account/term deposits/fixed deposits/PPF account & senior citizen fixed deposits.

(v) Whether any amount has been withdrawn/settled against saving bank account/term deposits/fixed deposits/PPF account & senior citizen fixed deposits in SBI of late Biswanath Aich after his death on 27.10.2018.

(vi) If the answer to question no. 5 is yes, furnish the name/name's who have withdrawn through cheques and ATM from the SBI account of late Biswanath Aich & any FD/PPF/Sr. Citizen Fixed deposit amount was disbursed and settled by SBI Haldia Refinery Campus Branch (Code - 7090), SBI Haldia Township Branch (Branch code - 7089) & Haldia Port Branch (Branch code - 1360).

(vii) Provide the SBI Savings Bank account balances in various accounts of late Biswanath Aich as on 27.10.2018 and the account balance in different SBI accounts as on date."

2. Succinctly facts of the case are that the appellant filed an application dated 09.02.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, Purba Medinipur, West Bengal, seeking aforesaid information. The CPIO vide letter dated 11.03.2019 replied to the Page 2 of 4 appellant. Dissatisfied with the same, the appellant filed first appeal dated 05.04.2019. The First Appellate Authority (FAA) did not pass any order. Aggrieved by the same, the appellant filed a second appeal dated Nil before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated Nil 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 vide letter dated 11.03.2019 denied the information stating that information sought was third party information, hence, could not be provided under clause (e) & (j) of sub section (1) of section 8 of the RTI Act. Further, as banker it is their primary responsibility to maintain the secrecy of the customer's affairs. However, the legal heir/s are requested to contact their branch for disposal of the assets left by the deceased. The FAA did not pass any order.

5. The appellant remained absent and on behalf of the respondent Shri Ajay Kumar, Regional Manager, State Bank of India, Purba Medinpur attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that the CPIO had replied vide two letters dated 11.03.2019 and 12.03.2019. In respect of point no. 11 of the RTI application, it was informed that no information was available to the office whether he was drawing pension from Indian Navy as well as declaration of such pension by Late Biswanath Aich, ex-employee HDC; that there was no provision of Dual pension available in KoPT employees (Pension) Regulation; that his monthly pension was stopped immediately after receiving information regarding his demise in March, 2019 and lastly monthly pension was disbursed to him Rs. 22,523 for the month of January 2019 paid in February 2019 and as per available record there were no dues payable to Shri Biswanath Aich.

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6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that due reply was given vide CPIO's letters dated 11.03.2019 and 12.03.2019. Further, in the absence of the appellant or any written objections thereof, the averments made by the respondent are taken on record. 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/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 07.12.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO : STATE BANK OF INDIA REGIONAL BUSINESS OFFICE, TAMLUK, REGION -IV, TAMLUK, PURBA MEDINIPUR (W.B.) - 721636 THE FIRST APPELLATEA AUTHORITY, GENERAL MANAGER (NWII), STATE BANK OF INDIA, SAMRIDDHI BHAVAN, B - BLOCK, 3RD FLOOR, NO. 1, STRAND ROAD, KOLKATA - 700 001 MS. PUBALI BANERJEE Page 4 of 4

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