Lal Singh vs Oriental Bank Of Commerce on 13 October, 2021

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Central Information Commission

Lal Singh vs Oriental Bank Of Commerce on 13 October, 2021

1. The issues under consideration arising out of the second appeal dated 12.06.2019 include non-receipt of the following information raised by the appellant through the RTI application dated 25.03.2019 and first appeal dated 29.04.2019:-

(i) मुझे मेरे उ करं ट खाते म सी रयल नंबर 28051, 28101, 422019, 121701, 95801, 617991 क सीरीज वाली जारी क चेक बुक स ब धी चेक बुक जारी रिज$टर क त$दीक शुदा कािपयां दी जाये!

(ii) मेरे कर& ट खाते क उ सीरीज वाली चेक बुक जारी करने वाले ब'क कमचारी का नाम, पद एवं पता बताया जाये! Page 1 of 4

(iii) िजन चेक बुक जारी सिलपो के आधार पर उ सीरीज वाली चेक बुक जारी क गयी उन चेक बुक जारी सिलप) क त$दीक शुदा कािपयां दी जाये!

2. Succinctly facts of the case are that the appellant filed an application dated 25.03.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Oriental Bank of Commerce (now Punjab National Bank), Civil Lines, Bathinda, seeking aforesaid information. The CPIO vide letter dated 23.04.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 29.04.2019. The First Appellate Authority (FAA) vide order dated 03.06.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed a second appeal dated 06.10.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 06.10.2021 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 replied vide letter dated 23.04.2019 and the same is reproduced as under :-

(i) "Cheque book leaves no. 28051 and 28101 are part of personalized cheque books, which are not issued at branch and are sent to the address of the account holder, so no register is required to be maintained at branch for the same. Copy of cheque book issue register for cheque books 42209 and 121701 had provided to the appellant. Cheque book issue register for cheque book no. 95801 and 617991 is not traceable.

(ii) The information is exempted under Section 8(1) (j) of the RTI Act, 2005 which relates to personal information, the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual. Therefore, the sought information cannot be provided.

(iii) The cheque books issue request slips are not traceable at the branch".

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The FAA vide order dated 03.06.2019 upheld the reply of the CPIO.

5. The appellant's authorized representative, his son Mr. Gurmeet Singh and on behalf of the respondent Shri Shailender Kumar Gupta, Chief Manager & CPIO, Punjab National Bank, (earlier Oriental Bank of Commerce), Bhatinda attended the hearing through video conference.

5.1. The representative of the appellant inter alia submitted that reply given by the respondent was incomplete. He further submitted that information sought related to cheque book number 95801 and 617991 was not given till date. Beside, name, designations and address of the employee who issued such cheque book was arbitrarily denied by the respondent on the ground of third party.

5.2. The respondent while defending their case inter alia submitted that they had already provided available information to the appellant. They further submitted that the cheque book leaves number 95801 and 617991 issued to the appellant was not traceable, hence, it could not be given to the appellant. As regards to the name, designations and address of the employee who issued the cheque book in question pertained to third party, the disclosure of which had no relationship to any public activity or interest and the same was exempted under section 8 (1) (j) of the RTI Act.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that reply given by the respondent was incomplete and evasive. The appellant had alleged that the cheque books were issued without a request from him and that the cheque books were issued to third person with the intention to commit fraud. In the absence of records bona fide of the bank officials could not be inferred. The respondent failed to explain as to why the cheque book leaves nos. 95801 and 617991 issued to the appellant was not traceable. Moreover, denial of information i.e. name and designation of the employee who issued aforesaid cheques books was not justifiable in the eyes of law. It is noted that even after a lapse of over 2 years and even after a notice from the Commission, complete information was not provided by the respondent which is viewed seriously. In view of this, Shri V K Sardana, Page 3 of 4 the then CPIO and Shri Shailendra Kumar Gupta, the present CPIO, are show caused 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 within the stipulated time. The present CPIO is given a responsibility to serve a copy of this order as well as show cause notice to the then CPIO and secure his written explanations. All the written explanations (from both the CPIOs) must reach the Commission within three weeks. Meanwhile, the respondent is directed to search the records thoroughly and thereafter provide revised information/reply to appellant, within four weeks from the date of receipt of this order.

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: 11.10.2021
Authenticated true copy

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

Addresses of the parties:
CPIO : PUNJAB NATIONAL BANK
CIRCLE OFFICE, SCO 29-31,
PNB 1ST FLOOR, MODEL TOWN, PHASE-1,
BATHINDA - 151 001 (ERSTWHILE
ORIENTAL BANK OF COMMERCE)

THE FIRST APPELLATE AUTHORITY,
PUNJAB NATOINAL BANK, CIRCLE
OFFICE, SCO 29-31, PNB 1ST FLOOR,
MODEL TOWN, PHASE-1,
BATHINDA - 151 001

SH. LAL SINGH S/O SH. NIKKU RAM,




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