Pradip Kumar Sahoo vs National Bank For Agriculture And Rural ... on 26 September, 2022

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Central Information Commission

Pradip Kumar Sahoo vs National Bank For Agriculture And Rural ... on 26 September, 2022

1. The issue under consideration arising out of the second appeal dated 28.08.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 07.11.2019 and first appeal dated 10.01.2020 :-

(i) Provide copy of the XIXth and XXth statutory inspection reports with reference to their financial position as on 31st March 2016 and 31st March 2017 (in GDs/diskette) in separate folders in respect of The Kachchh District Central Cooperative Bank Ltd, Bhuj, Gujarat containing the following documents, which forms part of the inspection report:

i) Forwarding letter to The Kachchh DCCB Ltd and all other authorities Page 1 of 8

(ii) Docket sheet (Part-A, B and C)

(iii) Inspection Report with Appendix-l to Appendix-VII

(iv) Recommendatory Note along with Annexure-I to V, Trigger Points

(v) Executive Summary and Annexure

(vi) Note on discussions held with the Board of Directors of the bank on 03.08.2016

(vii) Note for Departmental Action addressed to the RCS

(viii) Special Note on maintenance of CRR/SLR and implementation of DEAF Scheme, 2014 addressed to RBI

(ix) Special Note on DICGC addressed to DICGC

(x) Special Note on CMA

(xi) Special Note on Fraud/Embezzlement/Robbery/Dacoity

(xii) Special Note on interest Subvention

(xiii) Special Note on implementation of RKBY/NAIS addressed to Agriculture insurance Company of India, New Delhi.

xiv) Special Note on implementation of KCC antl PAJS

(xv) Special Note on the implementation of GoI package for revival of STCCS and selection/ appointment of CEO under. Fit & proper Criteria"

(xvi) Special Note on coverage in Long Form Audit Report (LFAR) by Chartered Accountant and Audit Rating (xvii) Special Note on Risk Profile (xviii) Special Note on adherence to the provisions of State Cooperative Societies. Acts, other Ads, Rules, Bye-laws (xix) Special Note on implementation of KYC/AML/ xx) Special note on Core banking solution Page 2 of 8 xxi) Special note on Credit Information Company (Regulation) Act 2005 xxii) Special note on compounding of interest on agricultural advances xxiii)Special note on implementation of DEDS/Rural Godown Schemes of GoI xxiv)Special Note on supervision and oversight of payment system xxv) Special Note on implementation of action plan for Recompliance of section 11(1) of B.R. Act 1949, (AACS) and CRAR (in case of non- compliant banks) xxvi) A set of DCCB statements CCB No. 1 to16 and PACS data sheet xxvii) Copy of file notings made from the date of submission of draft inspection report by me (i.e.26th August 2016) till the date of finalization of draft inspection report and issue of final inspection report to all concerned.

xxviii) Copy of file notings made on receipt of email dated 27th January 2017 xix) Copy of file notings made on receipt of email dated 18th February 2017 (2) NABARD, inspection Department Head Office, Mumbai had conducted inspection of Gujarat Regional office, Ahmedabad (between 5th February and 22nd February 2018). A copy of the inspection findings made by the inspection Department in its wrap up meeting held at Gujrat regional office Ahmedabad may please be furnished.

(3) Based on previous statuary inspection report/audit reports, NABARD, Gujrat Regional Office, following information in respect of the Kachchh DCCB Ltd.

a) Copy of file notings to the tune of Rs. 25.00 crore during the year 2016-17

b) Copy of sanction and release letter/advice issued

c) Date of sanction of short term refinance to the tune of Rs. 25.00 crore-2016-17 Page 3 of 8

d) Date of release of short term refinance to the tune of Rs.25.00 crore

e) Date of recall of ineligible short term refinance

f) Date of recall letter/advice, if any

g) Amount of interest paid by Kachchh DCCB Ltd. during the year 2016-17

h) Amount of interest loss suffered by NABARD

4) Based on previous statutory inspection reports/audit report, furnish the following information:

a) Amount of refinance sanctioned during 2017-18

b) Amount of refinance released during 2017-18

c) Copy of file notings made on sanction and release of refinance during the year 2017-18.

d) Copy of sanction and release letter/advice issued to Kachchh DCCB during the year 2017-18.

2. Succinctly facts of the case are that the appellant filed an application dated 07.11.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), National Bank for Agriculture and Rural Development, Ahmedabad, seeking aforesaid information. The CPIO vide letter dated 27.12.2019 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 10.01.2020. The First Appellate Authority (FAA) vide order dated 05.02.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 28.08.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 28.08.2020 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Page 4 of 8 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 27.12.2019 gave point-wise reply and the same is reproduced as under:-

(1)(i) to (v) Information furnished as per enclosure.

(vi) Information not available with NABARD, Gujrat RO.

(vii) Information furnished as per enclosure.

(viii) Information furnished as per enclosure in respect XIXth Statutory Inspection of Kachchh DCCB w.r.t. financial position as on 3r March 2016. Information on implementation of DEAF Scheme, 2014 addressed to RBI in respect of XXth Statutory Inspection Report of Kachchh DCCB not available with NABARD

(ix)&(x) Information furnished as per enclosure

(xi) Information furnished in respect XIX Statutory Inspection report of Kachchh DCB. Information not available with NABARD in respect of XXth Statutory Inspection Report of Kachchh DCCB.

(xii) Information furnished as per enclosure.

(xiii) Information furnished in respect of XIXth statutory inspection report/Statutory not available

(xiv) Information furnished XIX Statutory Inspection report /not available XXth Statutory Inspection Report

(xv) Information furnished as per enclosure (xvi) to (xviii) Information furnished in respect of XIXth statutory inspection report/Statutory not available (xix) & (xx) Information furnished as enclosure Page 5 of 8 (xxi) to (xxv) Information furnished in respect of XIX statutory Inspection report and not available in respect of XXth statutory inspection report.

(xxvi) Information exempted under 8(1)(d) of the RTI Act (xxvii) Information furnished as per enclosure (xxviii) (xxix) Information not available with NABARD Gujrat RO.

3 a) Information furnished as per enclosure 3 b) Sanction letter dated 29.6.2016 issued to GStCB for Kachchh DCCB Ltd.

intimating sanction of short term refinance to the tune of Rs. 25.00 crore is enclosed.

3) c) Sanction of short term refinance to the tune of Rs. 25.00 crore with CGM's approval dated 29.6.2016 ( as indicated above) to the Kachchh DCCB Ltd.

3 d) Amount of Rs. 25.00 crore releases to bank on 11.8.2016 3 (e),(f),(g), (h) No such information on record 4 (a) Rs. 2500.00 lakh 4 (b) Rs 4600.00 Lakh (cumulative refinance released 2017-18) 4 (c) Information furnished as per enclosure 4 (d) Copy of sanction letter dated 10.11.2017 issued to GStCB for Kachchh DCCB Ltd intimating sanction of short term refinance to the tune of Rs.2500 lakh, enclosed."

The FAA vide order dated 05.02.2020 agreed to the reply given by the CPIO.

5. The appellant remained absent and on behalf of the respondent Shri Vishal K C, Deputy General Manager, National Bank for Agriculture and Rural Development (NABARD), Ahmedabad, attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that information sought by the appellant was voluminous despite that they had provided point-wise Page 6 of 8 information/reply to the appellant vide letter dated 27.12.2019. They further submitted that the FAA endorsed the reply given by the CPIO. They stated that only the information regarding the DCCB statements and PACS data sheet was denied as it was commercially sensitive and privy to NABARD and the concerned DCCBs/PACS and not to the appellant. Accordingly they claimed exemption under section 8 (1) (d) of the RTI Act. Besides, they stated that the appellant failed to establish larger public interest warranting disclosure of information.

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 by the respondent vide letters dated 27.12.2019 and 05.02.2020. Moreover, the appellant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the respondent and further agitate the matter. Hence, the submissions of the respondent were taken on record. The Commission is of the view that there is no public interest in further prolonging the matter. 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: 20.09.2022
Authenticated true copy

R. Sitarama Murthy (आर. सीताराम मूत )
Dy. Registrar (उप पंजीयक)
011-26181927(०११-२६१८१९२७)


Addresses of the parties:
The CPIO
National Bank for Agriculture
and Rural Development Plot No-
C-24, G Block, Bandra Kurla
Complex, Bandra (E) Mumbai-400051



                                                                               Page 7 of 8
 First Appellate Authority
National Bank for Agriculture and
Rural Development Head office,
'B'Wing, 5th Floor, Plot C-24, '
G' Block, Bandra-Kurla
Complex, Bandra (East),
Mumbai 400 051.

Shri Pradip Kumar Sahoo,




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