Central Information Commission
Mr. D.K. Jain vs State Bank Of India on 14 October, 2008
CENTRAL INFORMATION COMMISSION
Appeal No.2897/ICPB/2008
F. No. PBC/2007/547
October 14, 2008
In the matter of Right to Information Act, 2005 - Section 18
[Hearing on 30.9.2008 at 4.00 p.m.]
Appellant: Mr. D.K. Jain
Public authority: State Bank of India
GM & CPIO
CGM & Appellate Authority
Parties Present: For Respondent:
Mr. Surinder Kumar, GM
Mr. K.V.C. Sivaprasad, Chief Manager
Mr. D.K. Jain-Appellant.
FACTS:
The appellant has sought information under RTI Act by his letter dated 23.7.2007 addressed to DGM/PIO, State Bank of India, Zonal Office, Ahmedabad regarding various details in connection with the purchase of Demand Draft Nos. 0803-969288, 289 and 291. Alleging non-receipt of any reply from the PIO, the appellant preferred this complaint before the Gujarat State Information Commission which has been transferred to this Commission. Comments were called for from the public authority vide letter dated 2.7.2008 and the same have been received from the Bank vide letters dated 14.3.2008 and 12.7.2008.
DECISION:
2. I have gone through the RTI application and other replies received in this connection. The matter has been deliberated in detail. Though the appellant claims that he has not received any reply from the Bank till he filed his complaint, yet the Bank has shown on record the reply dated 20.8.2007, wherein they have advised the appellant that the information is not available with them as the relevant records have been destroyed/lost in heavy floods in Surat City.
Moreover, they have stated that the information sought is also personal and third party information. The point at issue is that the five different demand drafts have been purchased by different parties from the Bank's Raipur branch and the appellant is actually a third party. These drafts have been lost in transit. Though the parties have given letter informing drafts are lost in transit, out of these five 1 drafts two drafts have already been paid at the Surat Branch. The bank officials who attended the hearing have pleaded that the vouchers in respect of these drafts have been destroyed by the floods and they are not available with the branch now. The only point is whether any payment has been made after the party has given a letter telling the drafts are lost in transit. I, therefore, direct the paying office, to hand over all the records they have in connection with the drafts at SBI, Surat and also check-up whether it is possible for the Bank to find out to whom it has been paid with the help of the availability of records. If no records are available the Bank has to file an affidavit before the Commission that no records are available and they are lost in floods. However, for this purpose the appellant has to produce all the paper to the bank. As far as the appellant is concerned the appellant is not in a position to trace the payment particulars only course available to him is to approach proper legal forum to get this matter sorted out. The Commission will not be able to give direction to produce the records in case if the records have been destroyed in the foods or otherwise. Therefore, I close the matter from the Commission's point of view. On these lines, the appeal is disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian) Central Information Commissioner Authenticated true copy :
(Prem Singh Sagar) Under Secretary & Assistant Registrar Address of parties :
1. GM & CPIO, State Bank of India, Local Head Office, 9th Floor, Lal Darwaja, Ahmedabad
2. CGM & Appellate Authority, State Bank of India, Local Head Office, 9th Floor, Lal Darwaja, Ahmedabad
3. Mr. D.K. Jain, A-49, Balram Nagar, Loni, Gaziabad-201102.2