Dilip Shrishrimal vs State Bank Of India on 9 March, 2021

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Central Information Commission

Dilip Shrishrimal vs State Bank Of India on 9 March, 2021

1. The issues under consideration arising out of the second appeal dated 09.01.2019 include non-receipt of the following information raised by the appellant through his RTI application dated 12.11.2018 and first appeal dated 06.12.2018:-

i. On which date CVO of SBI received the appellant's mail dated 31.10.2018 along with copy of ECGC Circular No. HO/Banks Dvn/210/07-08 dated 06.08.2018. ii. On which date CVO of SBI taken action on his complaint mail dated 31.10.2018 as per point no. 1 as above. Also provide copy of reply letter.

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iii. On which date CVO of SBI read ECGC Circular No. HO/Banks Dvn/210/07-08 dated 06.08.2018 (as sent with my mail dated 31.10.2018) especially wordings of first page of circular & point no. 7 of circular and compared with his reply no. VIG/13-14/BHO/NC-1095/8716 dated 20.03.2018 to DFS.

2. Succinctly facts of the case are that the appellant filed an application dated 12.11.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, Madame Cama Road, Mumbai, seeking aforesaid information. The CPIO replied on 29.11.2018. Dissatisfied with the response of the CPIO, the appellant filed first appeal dated 06.12.2018. The First Appellate Authority (FAA) disposed of the first appeal vide its order dated 26.12.2018. Aggrieved by this, the appellant has filed a second appeal dated 09.01.2019 before this Commission which is under consideration.

3. The appellant filed the instant appeal dated 09.01.2019 inter alia on the grounds that reply given by the CPIO was incomplete and not satisfactory. The appellant has requested the Commission to direct the CPIO to provide complete information immediately and take necessary action as per sub-section (1) of section 20 of the RTI Act.

4. The CPIO vide letter dated 29.11.2018 gave point-wise reply/information and against point no. 3 of the RTI application stated that information sought did not fall within the definition of "information" as defined under section 2 (f) of the RTI Act. The FAA vide his order dated 26.12.2018 agreed with the views taken by the CPIO.

5. The appellant attended the hearing through audio conference and Ms. Lalima Dey, Deputy General Manager (RTI), State Bank of India, Bandra, attended the hearing through video conference.

5.1. The appellant inter alia submitted that he was satisfied with the CPIO's reply on point nos. 1 and 2 of the RTI application. However, he further submitted that information sought on point nos. 3 of the RTI application was not provided till the date of hearing. 5.2 The respondent while defending their case inter alia submitted that they had already furnished point-wise reply/information to the appellant vide their letter dated 29.11.2018. They further submitted that information sought on point no. (3) of the RTI application did Page 2 of 3 not fall within the definition of "information" as defined under section 2 (f) 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, observes that due reply has been given by the respondent vide their letters dated 29.11.2018 and 26.12.2018. Perusal of the RTI application reveals that information sought on point no. 3 of the RTI application was not specific and definite. It may not be out of place to mention that under the provisions of the RTI Act, CPIO is not under obligation to answer the hypothetical and unspecific queries raised by the appellant in his RTI application. Further, there appears to be 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/-

                                                                               सुरेशचं ा)
                                                            (Suresh Chandra) (सु       ा)
                                                                            सूचनाआयु )
                                                 Information Commissioner (सू
                                                                  दनांक/Date: 08.03.2021
Authenticated true copy

R. Sitarama Murthy (आर. सीताराममूत#)
Dy. Registrar (उपपंजीयक)
011-26181927(०११-२६१८१९२७)

Addresses of the parties:
CPIO :
1. STATE BANK OF INDIA
Operations Department, 9th
Floor, STATE BANK Bhawan,
Madame Cama Road,
Mumbai-400021

THE F.A.A, CHIEF GENERAL MANAGER
(OPERATIONS), STATE
BANK OF INDIA, Operations Department,
9th Floor, STATE BANK Bhawan,
Madame Cama Road,
Mumbai-400021

DILIP SHRISHRIMAL


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