Ajay Kumar Pandey vs Bank Of Baroda on 4 August, 2023

[Cites 3, Cited by 0]

Central Information Commission

Ajay Kumar Pandey vs Bank Of Baroda on 4 August, 2023

1. The issue under consideration arising out of the second appeal dated 13.12.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 15.04.2021 and first appeal dated 23.09.2021:-

 Bank of Baroda, Raitha Branch, Village Raitha, Tehsil ka Tahlab, Lucknow- 226201, on 26.11.2020 granted a loan to one Mohammd Ahmad S/o Ramzan Ali, R/o-17, Mirdahi Tola, Palenhda, Sarojini Nagar, Lucknow, by mortgaging part of agricultural land of Khatauni No. 131, comprising 8 Bigha 11 Bishva 15 Bishvanshi of some other Mohammd Ahmad S/o Ramzan Ali, R/o-17, Mirdahi Tola, Sitapur, District Sitapur-261001, situated at Village Palehnda. Since the above tenure holder Mohammd Ahmad S/o Ramzan Ali, R/o-17, Mirdahi Tola, Sitapur, District Sitapur-261001, died in January, 1995 by executing will on 01.07.1994, in favour Page 1 of 6 of appellant by bequeathing his agricultural land and house also of Lucknow to the appellant. Therefore, when the appellant learnt about such fraud in Raitha branch then the appellant had sent a legal notice dated 25.01.2021, to the Raitha Branch Manager, Zonal and Head Office of Bank of Baroda, through speed post with forwarding same by e-mail. Thereafter, on 16.02.2021, Raitha Branch Manager had sent a property De mortgage letter to Sub Registrar, Sarojini Nagar, Lucknow, by mentioning for returning and paying of entire loan amount of Rs. 9,63,000/- with interest by the debtor and consequently closing of the said loan account and releasing of 2.172 hectare land. The said letter at the bottom bears the initials of Branch Manager, the signature of Mohammd Ahmad in Hindi and signatures of two witnesses namely Suman Bihari and Rupesh Mishra are also made in English. The said letter also annexed with two non-judicial e-stamp papers of Rs. 100/- and Rs. 110/- purchased by Mohammad Ahmad himself on 23.02.2021 and 24.02.2021 containing the signature of Mohammad Ahmad in Hindi with photo. Consequently, Sub Registrar, Sarojini Nagar registered the same de mortgage on 24.02.2021 in Block No. 1,, volume no. 6112, page Ops. 79-86 at Sl. No. 7503. While Khatauni No. 131, is still showing the mortgage of part land in Sarojini Nagar Tehsil Lucknow.

(i) Give copies of all papers from first page to last page of loan account file and also make available same for inspection by the applicant.

(ii) Give full names and addresses of the witnesses as well as Branch Manager who signed the mortgage and de mortgage papers of loan account and also refused to receive R.T.I. Application sent on 10.04.2021, in Raitha Branch.

(iii) Give copy of Non Encumbrance Report/Certificate issued by Advocate on demand of Branch Manager or Mohammd Ahmad for granting and availing the loan facility.

Page 2 of 6

(iv) Give CCTV recordings of raitha Branch from Novembcr, 2020, or when first time Mohammd Ahmad had entered into the raitha Branch to the till date.

(v) Give the full details of receiving of Notice dt. 25.01.2021, by Raitha Branch as well by others and actions taken on the same by Bank of Baroda till date with supplying of reports and copies, if any, made and passed by concerned employees and officers of the bank.

(vi) Give full details of loan account with the statement of account, money withdrawing & depositing vouchers/slips copies.

(vii) Give copy of the letter sent by Raitha Branch to Tehsildar. Sarojini Nagar, Lucknow, for registering de mortgage of the agriculture land in Khatauni No.131.

(viii) Who is responsible in Bank of Baroda for still showing the mortgage in the Khatauni No. 131, in Tehsil Sarojini Nagar, Lucknow.

(ix) Who is responsible in Bank of Baroda for not registering the F.I.R. against Mohammd Ahamd and his gang who defrauded and cheated the Bank and Society by mortgaging the property of deceased Mohammd Ahmad, S/O Ramzan Ali, R/O - 17, Mirdahi Tola, Sitapur - 261001, who died in 1995.

(x) Who is responsible in Bank of Baroda for not handing over Fraudster Mohammd Ahmad and his gang to the Police when Mohammnd Ahmad etc. again came to Raitha Branch and met the Branch Manager allegedly to deposit Rs. 963000/ -

with signing of de mortgage papers on 16.02.2021, and submitting of E-Stamps on 23.02.2021 and 24.02.2021, also.

2. Succinctly facts of the case are that the appellant filed an application dated 15.04.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of Baroda, Gomti Nagar, Lucknow, seeking aforesaid information. The CPIO did not reply to the appellant. Aggrieved by the same, the appellant filed first appeal dated 23.09.2021. The First Appellate Authority (FAA) did not pass any Page 3 of 6 order. Aggrieved by that, the appellant filed second appeal dated 13.12.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 13.12.2021 inter alia on the grounds that no reply was received from the respondent. 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. Perusal of the records submitted by the appellant while filing the second appeal dated 13.12.2021 reveals that neither the CPIO nor the FAA provided any information or any reply to the appellant.

5. The appellant remained absent and on behalf of the respondent Shri Pramod Kumar, Regional Head/CPIO, Bank of Baroda, Lucknow attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that they had replied vide letter dated 20.06.2023 and again on 21.07.2023. They further stated that the appellant had failed to provide the copy of the will dated 01.07.1994 and the copy of the death certificate of Shri Mohammad Ahmad S/o Ramzan Ali, hence, in light of the above it was presumed that the information belonged to third party, hence, the information was denied under the provisions of section 8 (1) (j) of the RTI Act.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the appellant had filed another second appeal CIC/BKOBD/A/2022/105978 arising out of an identical RTI application dated 15.04.2021 and the same was heard by the Commission on 21.06.2023. It may be noted that the respondent was issued a show cause notice in that matter and the same was pending disposal on this date. Therefore, issues in both matter being identical, the present appeal CIC/BKOBD/A/2021/659788 and CIC/BKOBD/A/2022/105978, may be clubbed together to avoid duplication of proceedings before the Commission. Accordingly, Shri Pramod Kumar, present CPIO and the then CPIO (15.04.2021), are show caused in this case, as to why penalty under section 20 (1) of the RTI Act may not be imposed upon each Page 4 of 6 of them for not responding to the appellant within stipulated time limit. Shri Pramod Kumar, present CPIO is given the responsibility to serve a copy of this order upon the then CPIO and secure his written explanations as well as his attendance on the next date of hearing. Therefore, the Registry of this Bench is directed that both the second appeals CIC/BKOBD/A/2021/659788 and CIC/BKOBD/A/2022/105978 may be clubbed and listed for hearing together. Accordingly, the matter is adjourned.

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: 03.08.2023
Authenticated true copy

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

Addresses of the parties:
THE CPIO: Bank of Baroda Lucknow Zone,
Baroda House, V 23 Vibhuti Khand, Gomti
Nagar, Lucknow (Up)- 226010
(PRESENT CPIO IS REQUESTED TO SERVE
THE COPY OF THE ORDER TO THE THEN
CPIO AND Shri Pramod Kumar, present
CPIO and secure written Explanations)
THE FIRST APPELLATE AUTHORITY
Bank of Baroda Lucknow Zone, Baroda House,
V 23 Vibhuti Khand, Gomti Nagar,
Lucknow (Up)- 226010

Shri Pramod Kumar, present CPIO
Bank of Baroda Lucknow Zone, Baroda House,
V 23 Vibhuti Khand, Gomti Nagar, Lucknow
(Up)- 226010




                                                                                 Page 5 of 6
 The CPIO
(for serving to the then CPIO
As on 15.4.2021)
Bank of Baroda Lucknow Zone, Baroda House,
V 23 Vibhuti Khand, Gomti Nagar, Lucknow
(UP)- 226010


SH. AJAY KUMAR PANDEY




                                             Page 6 of 6

Unlock Advanced Research with PRISMAI

Central Information Commission