K A Mathew vs State Bank Of India on 18 December, 2019

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Central Information Commission

K A Mathew vs State Bank Of India on 18 December, 2019

1. A Show Cause Notice was issued to the CPIO, State Bank of India, Regional Manager-3, AO Kollam, Thiruvalla, Ennikattil Buildings M C Road, Thiruvalla, Pathanamthitta in compliance of the Commission's order no. CIC/SBIND/A/2017/174772 dated 26.08.2019 for not responding to the RTI application even after lapse of 2 years. The CPIO was directed to submit an explanation as to why action under Section 20(1) of the RTI Act should not be initiated against him.

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Hearing on 14.06.2019:

2. The appellant was heard through Video Conference and the respondent remained absent.

Interim Decision (18.06.2019):

3. The Commission passed the following directions on 18.06.2019:

"6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, notes that neither the CPIO nor the Appellate Authority has taken pain to reply to the appellant even after a lapse of over 2 years and even after a notice from the Central Information Commission. The conduct of the respondent is viewed seriously. Since the respondent was not present in the hearing, the reason for the same could not be ascertained. Hence, Registry of this Bench is directed to issue a Show Cause notice to the CPIO, State Bank of India, Regional Manager-3, AO Kollam, Thiruvalla, E Nnikattil Buildings M C Road, Thiruvalla, Pathanamthitta as to why action under Section 20(1) of the RTI Act should not be initiated against him. A written explanation should be furnished to the Commission within 4 weeks and before that appropriate information/reply may also be furnished to the appellant."

Hearing on 18.07.2019:

4. Appellant attended the hearing through video conference and the respondent remained absent.

Interim Decision (26.08.2019):

4.1. The Commission passed the following directions on 26.08.2019:

"5. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that respondent was not present before the Commission despite show cause notice. It shows their non seriousness towards the RTI Act as well as the Commission which would undermine Page 2 of 6 to the very objectives of the RTI Act. However, in the interest of justice, the Commission gives final opportunity to the respondent to present their case.

Accordingly, the Registry of this Bench is directed to issue a fresh show cause notice to the CPIO, State Bank of India, Regional Manager-3, AO Kollam, Thiruvalla, E Nnikattil Buildings M C Road, Thiruvalla, Pathanamthitta as to why action under Section 20(1) of the RTI Act should not be initiated against him. All the written explanations must reach to the Commission within 15 days. Meanwhile, the respondent is directed to provide a revised reply to the RTI application within 10 days from the date of receipt of this order."

Hearing on 05.12.2019:

5. The appellant and on behalf of the respondent, Shri Ajay Kumar, the then CPIO and Shri Suresh Kumar, CPIO, State Bank of India, Pathanamthita, attending the hearing through video conference.

5.1. The appellant inter alia submitted that he had received reply dated 08.07.2019 given by the respondent but not satisfied with the reply. He claimed that his grievance had not been resolved by the respondent so far. He stated that the Banking Ombudsman had directed the respondent to recalculate the loan amount along with interest and return the extra amount, if any paid, to the account of the appellant's daughter in law who was actual borrower. However, extra money had not been returned by the bank so far despite order of the Banking Ombudsman.

5.2. Shri Ajay Kumar C, the then CPIO while presenting his case inter alia submitted that he was not the CPIO during relevant period of time. Because of an apparent error in the communication address of the concerned CPIO in the records, he did not receive the show cause notice within time. He also submitted that he had first received the copy of the interim direction of the Hon'ble Commission dated 18.06.2019 on 08.07.2019 through an e-mail received from Regional Manager 4, Pathanamthita. Unfortunately, from 17.06.2019 onwards he was suffering from Page 3 of 6 various health issues related to cardiac problem and Coronary artery disease. He informed the Commission that copy of the notice dated 03.07.2019 of the CIC was not received by him before 18.07.2019. As such he was not aware of the hearing held on 18.07.2019, which lead to the non appearance on the said date. Hence, there was no intentional fault on his part in not appearing for the hearing held on 18.07.2019. Meanwhile, pursuant to the direction dated 18.06.2019 the present CPIO in the matter has given reply to the RTI application vide letter dated 08.07.2019. As directed by the Hon'ble commission, the present CPIO has once again given revised reply on 07.09.2019 to the applicant in the matter. Shri Ajay Kumar further informed the Commission that the Banking Ombudsman had simply directed to recalculate the principle amount along with interest and inform the appellant. Accordingly, the order of the Banking Ombudsman had also been complied with and no extra charge had been paid by the daughter in law of the appellant as alleged by the appellant. He further tendered unconditional apology for any inconvenience caused to the Hon'ble commission in the matter and the same was not on account of any intentional act or omission on his part.

5.3. Shri Suresh Kumar Killiyot, the CPIO & Regional Manager, while presenting his case inter alia submitted that the information sought by the appellant pertained to Mylapra branch which come under RBO 4, Pathanamthitta of Kollam Administrative Office. The notice intimating hearing on 14.6.2019 was forwarded to RBO 3, Ennikattil Buildings, Thiruvalla, (old address) which was neither received at their end. He further submitted that there was no disobedience or willful lapses from his part for non-appearance on 14.6.2019 and 18.07.2019. The above notice was redirected from the old address and reached to his office on 23.7.2019, i.e. 5 days after the hearing date. Accordingly, non-appearance by the respondent for hearing was due to the delay in receipt of the notice only. Further he submitted that the Bank holds the Hon'ble Central Information Commission in high esteem and there was no willful negligence or lapse/lapses on his part to disobey or disregard any direction Page 4 of 6 issued by the Hon'ble Commission. He also tendered unconditional apology, unintentional mistake or error, if any has occurred on his part in the matter.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, notes that due reply has already been furnished by the respondent on 08.07.2019 and 07.09.2019. The delay and non appearance in the previous hearing was also properly explained by both the present as well as the then CPIO. The submissions made by both the CPIOs are found reasonable and satisfactory. Perusal of the records reveals that the appellant has some grievance which can be raised at an appropriate forum as the Commission is not an appropriate forum to deal with this issue. Moreover, the information sought has been furnished by the respondent. It appears that there is no conscious or deliberate attempt to withhold the information sought by the appellant. Thus, it cannot be said that information was withheld by the respondent with mala fide. Hence, in the absence of any mala fide on part of the respondents, it would not be appropriate to initiate any action for imposition of penalty on the respondent. In view of this, the Show Cause Notice issued to the CPIO, State Bank of India, Regional Manager-3, AO Kollam, Thiruvalla, E Nnikattil Buildings M C Road, Thiruvalla, Pathanamthitta is hereby dropped. With the above observations, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा Information Commissioner(सूसूचनाआयु ) दनांक/ Date:17.12.2019 Authenticated true copy (R. Sitarama Murthy) (आर. सीताराम मू त) Deputy Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Page 5 of 6 Addresses of the parties:

THE CPIO, STATE BANK OF INDIA REGIONAL MANAGER-3 , AO KOLLAM, THIRUVALLA, ENNIKATTIL BUILDINGS M C ROAD, THIRUVALLA, PATHANAMTHITTA (EARLIER STATE BANK OF TRAVANCORE) K A MATHEW Page 6 of 6

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