Central Information Commission
Mruday Radha Krishna vs Punjab National Bank on 3 April, 2014
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
websitecic.gov.in
Appeal: No. CIC/VS/A/2013/000371/MP
Appellant : Shri Uday Radha
Krishna, Buxar
Public Authority : PNB, Ara
Date of Hearing : 3 April 2014
Date of Decision : 3 April 2014
Facts:
1. The appellant, Mr. Uday Radha Krishna, has submitted the RTI application dated 02 November 2012 before the Central Public Information Officer (CPIO), Punjab National Bank, Ara, seeking information regarding the counterfeit notes reported from 20062012 through a total of 12 points.
2. Vide reply dated 28 November 2012, the CPIO denied to provide the information by claiming exemption under Section 8 (1)(g) & (j) of the RTI Act, 2005 in point no. 1 to 4; of Section 8(1)(j) of the Act on point no 6 to 12 and in context of point no. 5 replied that the information is already assessable by the staff members of bank. Not satisfied by the CPIO's reply, the appellant preferred an appeal dated 06 December 2012 to the first appellate authority (FAA) for setting aside the order of the CPIO. Vide order dated 31 December 2012, the FAA upheld the order of the CPIO.
3. Not satisfied by the FAA's reply, the appellant preferred second appeal before the Commission.
4. The matter was heard today via videoconferencing. The appellant, Shri Uday Radha Krishna was present at the hearing and made submissions form Buxar. The respondents, Shri R.C. Ahuja, CPIO and Shri Arvind Kumar Sharma, FAA were present at Bhojpur.
5. The appellant submitted that he sought information regarding the total no. of complaints received regarding counterfeit notes for the period 20062012. The CPIO submitted that as per records no complaints had been formally received regarding the counterfeit notes. Further, information sought pertaining to Shri K.L. Bareja, former Circle Head may not be disclosed under Section 8 (1) (j) of the RTI Act, 2005 being third party information. The appellant submitted that the respondent should have taken resort to addressing the third party under Section 11 which they have not done.
Decision Notice
6. The Commission directs the public authority to take action under Section 11 (1) of the RTI Act, giving notice to the third party, Shri K.L. Bareja regarding the disclosure of his personal information under the RTI Act within 5 days. The CPIO will take decision based on the third party 's reply within 10 days of receiving the same.
7. In rest of the points, the CIC upholds the decision of the CPIO that the information sought regarding the complaints may not be disclosed as the same is not available with the bank.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K. Mohapatra) Dy. Secretary & Dy. Registrar Tele.No. 01126105027 Copy to:
Central Public Information Officer The Chief Manager Punjab National Bank Circle Office Hotel Regal, 2nd Floor, East of Ramna Maidan, Ara 802301, Bihar.
First Appellate Authority The Circle Head Punjab National Bank Circle Office, Hotel Regal, 2nd Floor, East of Ramna Maidan, Ara802301, Bihar.
Shri Uday Radha Krishna, C/o Dr. Kamal Devi, Maharaja Hata, Thana Road, Buxar802101, Bihar.