Sanjay Kumar vs Punjab National Bank on 14 September, 2020

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Central Information Commission

Sanjay Kumar vs Punjab National Bank on 14 September, 2020

1. The appellant filed the above mentioned nine 2nd appeals against the CPIO, Punjab National Bank, Mandi. All these appeals clubbed together for hearing and disposal to avoid multiplicity of proceedings:

File No. CIC/PNBNK/A/2018/142272 1.1. The appellant filed an application dated 18.01.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Mandi, seeking copy of loan sanction letter for OD limit for Rs. 1.20 crores against IP along with rate of interest, all charges for sanctioning of loan including copy of DPR, request letter from Rishi Boys Hostel, copies of vouchers used for deposit of sanctioned loan funds into current account of Smt. Raj Kumari on 31.12.2015 along with copy of cheque of customer cashed Page 2 of 8 on a same date for Rs. 11484300 and reasons/purpose for sanctioning aforesaid loan of Rs. 1.20 crore to Raj Kumari etc., on total three points.

File No. CIC/PNBNK/A/2018/142271 1.2. The appellant filed an application dated 18.01.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Mandi, seeking copy of voucher used for depositing cash on 31.08.2016 in account nos. XX81, XX92, XX08, XX26, XX80 & XX99 and ND 43 of Rishi Boys Hostel and OD loan account of Rishi Boys Hostel, copy of transaction voucher used for transferring cash to account belonging to Sundernagar Integrated Rural Development Association (SIRDA) Society, Rishi Boys Hostel and house loan of Smt. Raj Kumari on 01.09.2016, 20.09.2016, 05.12.2016, 26.12.2016 and 19.12.2016.

File No. CIC/PNBNK/A/2018/142269 1.3. The appellant filed an application dated 18.01.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Mandi, seeking information regarding interest charged on the loan procured by SIRDA Society from the date of sanction till the date with processing fee, documentations charges, term interest, penal interest, inspection fee, copy of sanction letter for term loan account no. XXXXXXXXX17 dated 21.04.2010 along with any request letter from the customer or debit voucher on which this loan was closed on 06.08.2020, copies of guidelines used for restructuring of loan account XX92, XX08, XX81, XX26 and XX35 along with interest charged for initial loan as well as restructured loan etc., on total five points.

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File No. CIC/PNBNK/A/2018/142268 1.4. The appellant filed an application dated 18.01.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Mandi, seeking copy of vouchers used for transfer of money from account no. XX81 to Rishi Boys Hostel, SIRDA, FD loan account and Rishi Boys Hostel on various dates as mentioned in the RTI application, money transferred from account of XX39 to Rishi Boys Hostel and into house loan of Smt. Raj Kumari etc. on total three points.

File No. CIC/PNBNK/A/2018/142267 1.5. The appellant filed an application dated 18.01.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Mandi, seeking copy of loan sanction letter for OD limit for Rs. 200 lakhs against IP along with rate of interest, all charges for sanctioning of loan including copy of DPR, request letter from SIRDA, copies of vouchers used for disbursement of 12 transactions (particulars of transactions mentioned on the application) and related details on total two points. File No. CIC/PNBNK/A/2018/142266 1.6. The appellant filed an application dated 19.01.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Mandi, seeking information regarding credit evaluation, credit worthiness/credit viability/feasibility/appraisal report prepared by the respondent bank outsourced from credit agency/finance bureau for use to make loan advances, provide credit, CC limit, temporary loans, overdraft facility or any other type of financial provision made available to SIRDA Society.

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File No. CIC/PNBNK/A/2018/142265 1.7. The appellant filed an application dated 27.11.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Mandi seeking information regardingall the reports used by the respondent's Ner Chowk branch to assign a Customer Rating Category to SIRDA Society for advancing its various loans, rate of interest charged against the said loans, rate of interest/preferential rate of interest charged by the respondent bank for its prime customers during the same loan period as that of SIRDA Society etc., on total three points.

File No. CIC/PNBNK/A/2018/142264 1.8. The appellant filed an application dated 27.11.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Mandi seeking copy of application along with all the documents submitted by SIRDA Society for sanctioning of ODTS in place of ODIP loans comprising Rs. 2 crore & thereafter Rs. 5 crore, copy of consumer rating category used for sanctioning said loans, all documents used for approving of loan, reasons for closing of Rs. 36 lakhs CC limit without any application from the loanee, copies of applications submitted by the SIRDA Society for closure of all term loan etc., on total five points.

File No. CIC/PNBNK/A/2018/142263 1.9. The appellant filed an application dated 27.11.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Mandi, seeking information regarding details of loan accounts of SIRDA Society which were declared as NPA at various times, Page 5 of 8 reasons for NPA, steps taken by the bank to regularize said NPA loans, restructuring of the aforesaid accounts under RBI guidelines after these accounts were declared NPA and related details on total two points.

2. Succinctly facts of the case are that the appellant filed nine applications dated all dated 18.01.2018, 19.01.2018 and 27.11.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank Mandi, Himachal Pradesh, seeking aforesaid information. The CPIO vide letters dated 01.01.2018 and 19.02.2018 replied to the RTI applications, however, the same were not on record. Dissatisfied with the response of the CPIOs, the appellant filed first appeals dated 15.03.2018. The First Appellate Authority disposed of the first appeals vide order dated 30.03.2018. Aggrieved by this, the appellant has filed nine appeals before this Commission which are under consideration.

3. The appellant filed the instant appeals dated 27.06.2018 inter alia on the grounds that complete information was not provided by the respondent. The appellant has requested the Commission to direct the CPIO to provide information immediately and take necessary action as per sub-section (1) of section 20 of the RTI Act.

4. The CPIO vide letters dated 01.01.2018 and 19.02.2018 provided the information. However, copies of the same was not available on records. The FAA vide his order dated 30.03.2018 again provided the information to the appellant.

5. The appellant along with Shri N.R. Chaudhary attended the hearing through audio conference and on behalf of the respondent Shri Upender Kumar, CPIO, Punjab National Bank, Mandi, attended the hearing through video conference.

5.1. The appellant inter alia submitted that he sought information regarding accounts of SIRDA Society. He informed that he as Secretary along with Shri N.R. Page 6 of 8 Chaudhary (Chairman) was the authorized signatory of the account of the said society. He contended that information/documents provided by the respondent was not certified, hence, the same could not be produced in the court of law. He stated that being an authorized representative he was entitled for the information sought by him. He alleged that some irregularity had happened in the said account and the respondent was trying to protect the errant officials by not providing the complete and correct information to the appellant. Hence, he requested the Commission to direct the respondent to provide the complete information in the form of certified copy.

5.2. The respondent while defending their case inter alia submitted that they had already provided the information to the appellant against each of the RTI application. They stated that the appellant was the authorized signatory along with Shri N R Chaudhary and hence, they had no problem in providing the information once again to the appellant. They contended that there was no malfeasance in the said account and the allegations made by the appellant was baseless and hence, not tenable in the eyes of law.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that information sought was related to the account of SIRDA Society in which the appellant was one of the signatories of the account. Though, the respondent during the hearing submitted that they had already provided complete information to the appellant. However, copies of the reply given by the respondent was not available on record and in the absence of which it could not be ascertained as to whether complete information had been provided to the appellant or not. Besides, the appellant claimed that documents/information provided was not in the form of certified copy. It is not the case that the respondent had claimed any exemption as given in section 8 (1) of the RTI Act. In view of the above, the respondent is directed to revisit the RTI application and give certified point-wise reply/information in a tabulated form Page 7 of 8 against each of the RTI application as per the provisions of the RTI Act, within six weeks from the date of receipt of this order. With the above observations and directions, all the appeal nine appeals are disposed of.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date:14.09.2020 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. PUNJAB NATIONAL BANK CIRCLE OFFICE, JAIL ROAD, MANDI, HIMACHAL PRADESH -175001 THE F.A.A, PUNJAB NATIONAL BANK, CIRCLE OFFICE, JAIL ROAD, MANDI, HIMACHAL PRADESH -175 001 SANJAY KUMAR Page 8 of 8

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