Central Information Commission
Hriday Borah vs Canara Bank on 21 April, 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/CANBK/A/2024/109529+
CIC/CANBK/A/2024/104569+
CIC/CANBK/A/2024/102948
Hriday Borah ... अपीलकता/Appellant
VERSUS
बनाम
CPIO:
Canara Bank, ... ितवादीगण/Respondents
Guwahati, Assam
Relevant dates emerging from the appeal:
Sl. No. Second Date of Date of Date of Date of Date of
Appeal RTI CPIO's First FAA's Second
No. Application
Reply Appeal Order Appeal
1. 109529 02.11.2023
Not on 16.12.2023 Not on 14.02.2024
record record
2. 104569 02.11.2023 23.11.2023 16.12.2023 17.01.2024 25.01.2024
3. 102948 26.10.2023 23.11.2023 16.12.2023 17.01.2024 25.01.2024
The instant set of appeals have been clubbed for decision as these relate to similar
RTI Applications and same subject matter.
Date of Hearing: 02.04.2025
Date of Decision: 21.04.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
Second Appeal No. CIC/CANBK/A/2024/109529
1. The Appellant filed an RTI application dated 02.11.2023 seeking information on the following points:
Page 1 of 8a) Please give details of the Sanction like- Limit of Sanction, date of Sanction, Type of Loans/Credit Facilities, Term of the Loan, Rate of Interest (Fixed or Floating Rate, please mention) and Securities of the said Loan; Please provide duly certified copy of the Sanction Letter.
b) Please give details of the Borrower(s)/Guarantor(s) of the said Loans/Credit Facilities extended to Sri Debasish Borah, S/o- Late Ghana Kanta Borah, Nagaon, Assam; Please provide duly certified copies of the Guarantee Agreements which were executed by the Borrower(s)/Guarantor(s) on the required amount of Stamp Paper.
c) Please give details of the Securities (Collateral/Primary/Additional) taken in connection of sanction of the aforesaid Loans/Credit Facilities along with the Value of the Securities each one Separately; Please provide duly certified copies of the Security Interest details.
d) Please give details of Security Interest/Property, if any immovable property was created Equitable Mortgage and/or Registered Mortgage and/or English Mortgage in connection of sanction of the aforesaid Loans/Credit Facilities;
Please provide duly certified copies of the Security Interest details, in regards of immovable properties.
e) Please give details of the procedure undertaken in connection of creation of Equitable Mortgage, if any immovable property was created Equitable Mortgage in regards of sanction of aforesaid Loans/Credit Facilities extended to Shri Debasish Borah; Please provide duly certified copy of the Memorandum of Deposit of Title Deed executed by the mortgagor which is mandatory as the integral part of documentation in creation of equitable mortgage of an immovable property, etc./ other related information Page 2 of 8 1.1. Having not received any response from the CPIO, the Appellant filed a First Appeal dated 16.12.2023. The FAA's order, if any, is not on record of the Commission.
1.2. Aggrieved with the non-receipt of FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 14.02.2024.
Second Appeal No. CIC/CANBK/A/2024/104569
2. The Appellant filed an RTI application dated 02.11.2023 seeking information on the following points:
a) Please give details of the Sanction like- Limit of Sanction, date of Sanction, Type of Loans/Credit Facilities, Term of the Loan, Rate of Interest (Fixed or Floating Rate, please mention) and Securities of the said Loan; Please provide duly certified copy of the Sanction Letter.
b) Please give details of the Borrower(s)/Guarantor(s) of the said Loans/Credit Facilities extended to Sri Debasish Borah, S/o- Late Ghana Kanta Borah, Nagaon, Assam; Please provide duly certified copies of the Guarantee Agreements which were executed by the Borrower(s)/Guarantor(s) on the required amount of Stamp Paper.
c) Please give details of the Securities (Collateral/Primary/Additional) taken in connection of sanction of the aforesaid Loans/Credit Facilities along with the Value of the Securities each one Separately; Please provide duly certified copies of the Security Interest details.
d) Please give details of Security Interest/Property, if any immovable property was created Equitable Mortgage and/or Registered Mortgage and/or English Mortgage in connection of sanction of the aforesaid Loans/Credit Facilities;
Please provide duly certified copies of the Security Interest details, in regards of immovable properties.
Page 3 of 8e) Please give details of the procedure undertaken in connection of creation of Equitable Mortgage, if any immovable property was created Equitable Mortgage in regards of sanction of aforesaid Loans/Credit Facilities extended to Shri Debasish Borah; Please provide duly certified copy of the Memorandum of Deposit of Title Deed executed by the mortgagor which is mandatory as the integral part of documentation in creation of equitable mortgage of an immovable property etc./ other related information 2.1. The CPIO replied vide letter dated 23.11.2023 and the same is reproduced as under:-
As regards to Point Number 5 of your application wherein loan documents are asked, We would like to inform you that we have already filed case i.e. OA/241/2021 on 11.11.2021 before Hon'ble DRT Guwahati in which copy of all loan documents including those as asked by you has been attached. The same has also served to all borrower /guarantor. At present the matter is sub-judice before DRT, Guwahati.
We further like to inform you that the Borrower/Guarantor has also filed case against Bank before DRT Guwahati vide S.A. No, 91/2023 which is also sub- judice before DRT.
In view of the above, it is very much clear that the required documents are already available with the applicant. Hence, the information sought need not be furnished.
2.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.12.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 17.01.2024 upheld the reply given by the CPIO.
2.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 25.01.2024.Page 4 of 8
Second Appeal No. CIC/CANBK/A/2024/102948
3. The Appellant filed an RTI application dated 26.10.2023 seeking information on the following points:
a) Please give details of Sanction like- maximum Limit of Sanction, date of Sanction, Type of Loan/Advance and the Terms/Periods of the said Loan; Please provide duly certified copy of the Sanction Letter.
b) Please give details of the Borrower/Partner/Director/Guarantor of the said Loan/advance extended to M/s Rupa Enterprise, Nagaon, Assam; Please provide duly certified copies of the Guarantee Agreements which were executed by the Borrower(s)/Partner(s)/Director(s) /Guarantor(s) on the required amount of Stamp Paper.
c) Please give details of Security Interest/Property, if any immovable property was created Equitable Mortgage and/or Registered Mortgage and/or English Mortgage in connection of sanction of the aforesaid Loan/Advances; Please provide duly certified copies of the Security Interest details.
d) Details of procedure undertaken if any immovable property was created Equitable Mortgage in connection of sanction of aforesaid Loan/Advance extended to M/s Rupa Enterprise; Please provide duly certified copy of Memorandum of Deposit of Title Deed.
e) Please give details the procedure of creation of equitable mortgage in favour of Bank in connection of sanction of aforesaid Loan/Advance extended to M/s Rupa Enterprise like- execution of Memorandum of Deposit of Title Deed. Is it required on Stamp Paper or not? If it is required on Stamp Paper for execution then was it executed on Stamp Paper? Please provide duly certified copy of Memorandum of Deposit of Title Deed which was executed by the mortgagor on Stamp Paper, etc./ other related information Page 5 of 8 3.1. The CPIO replied vide letter dated 23.11.2023 and the same is reproduced as under:-
As regards to Point Number 5 of your application wherein loan documents are asked, We would like to inform you that we have already filed case i.e. OA/241/2021 on 11.11.2021 before Hon'ble DRT Guwahati in which copy of all loan documents including those as asked by you has been attached. The same has also served to all borrower /guarantor. At present the matter is sub-judice before DRT, Guwahati.
We further like to inform you that the Borrower/Guarantor has also filed case against Bank before DRT Guwahati vide S.A. No, 91/2023 which is also sub- judice before DRT.
In view of the above, it is very much clear that the required documents are already available with the applicant. Hence, the information sought need not be furnished.
3.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.12.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 17.01.2024 upheld the reply given by the CPIO.
3.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 25.01.2024.
Hearing Proceedings:
4. The appellant and on behalf of the respondent Sudarshan Joshi, Divisional Manager, attended the hearing through video conference.
5. The appellant inter alia submitted that the respondents completely failed to apply their mind and acted in violation of provisions of the RTI Act. He further argued that despite several reminders in CIC/CANBK/A/2024/109529, the CPIO did not respond to his RTI application. Besides, the FAA did act upon his first appeals in the remaining two cases and deliberately withheld information from him.
Page 6 of 86. The respondent while defending their case inter alia submitted that the appellant has concealed relevant facts and documents from the Commission by omitting their reply given in Second Appeal No. CIC/CANBK/A/2024/109529. He further stated that it was not a case of non-response in the above case and that they had replied to the appellant on 23.11.2023, the contents thereof ae extracted below:
"(a), (b), (i), (j), (k) I am of the firm view that the disclosure of third-party information would cause unwarranted invasion of the privacy of individual and I am also not satisfied that the larger public interest is justified for disclosure of this information. Hence, the sought information is exempted from disclosure under Section 8 (1) (j) of the RTI Act and accordingly, the information is denied.
(c), (d), (e), (f), (g), (h), (l), (m), (n) You have sought security documents/information in the matter of loans availed by Shri Debasish Borah. However, you are neither guarantor nor mortgagor in the account. You have failed to provide any document (succession certificate/legal heir certificate/NOC from other legal heirs, etc) to proof yourself as lawful interest in the mortgaged property. Hence, the information is sought by you is treated as third-party information and accordingly, the information is denied under Section 8 (1) (j) of the RTI Act."
The CPIO further stated that in the remaining two cases (CIC/CANBK/A/2024/104569, CIC/CANBK/A/2024/102948), although the erstwhile CPIO had claimed that matters accruing from the subject-matter of the RTI applications were sub judice before DRT, Guwahati, it was also crucial that the appellant was neither the borrower nor the guarantor in the accounts referred to in the RTI applications. Therefore, in absence of legal heir certificate, the information sought in both the cases relating to accounts of third-parties, could not be disclosed as per provisions under Section 8 (1) (j) of the RTI Act.
7. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that due reply has been given by the CPIO in CIC/CANBK/A/2024/109529 on 23.11.2023. The respondent having uploaded a copy of the said reply along with dispatch proof, takes serious note of the misleading contention Page 7 of 8 of the appellant regarding non-response at the end of CPIO. Further, the CPIO during the course of hearing clarified that although in the remaining two appeals, the erstwhile CPIO had not clearly brought out the grounds for denial of information, the present CPIO averred that the same pertained to accounts of third-parties, wherein the appellant had not produced legal heir certificate and other relevant documents warranting disclosure of the information sought in the RTI applications. Therefore, keeping in view the contentions of the respondent, the Commission finds no infirmity with the stand taken by the CPIO with respect to disclosure of the information sought in the RTI applications. There appears to be no scope for relief in the matters; the written submissions given by the CPIO are taken on record and found to be sustainable in the eyes of law. Accordingly, the appeals are dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 21.04.2025 Authenticated true copy Sharad Kumar (शरद कुमार) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO, Canara Bank, Guwahati Regional Office, 2nd Floor, Mayfair Buildling, Udalbakra, Lokhra Road, Near Hanuman Mandir, Guwahati, Assam - 781034
2. Hriday Borah Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)