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[Cites 2, Cited by 0]

Central Information Commission

Prakash Narayan Singh vs Reserve Bank Of India on 20 January, 2022

Author: Neeraj Kumar Gupta

Bench: Neeraj Kumar Gupta

                            के   ीयसूचनाआयोग
                      Central Information Commission
                          बाबागंगनाथमाग ,मुिनरका
                       Baba Gangnath Marg, Munirka
                       नई द ली, New Delhi - 110067

ि तीयअपीलसं या/Second Appeal No. CIC/RBIND/A/2019/137067

Mr. Prakash Narayan Singh                            ... अपीलकता /Appellant
                                   VERSUS
                                    बनाम
CPIO                                                      ... ितवादी/Respondent
Reserve Bank of India
Department of Banking Regulation
Central Office 12th& 13th Floor
Central Office Building
Shahid Bhagat Singh Road, Fort
Mumbai-400001

Relevant dates emerging from the appeal:-

RTI : 29-03-2019            FA     : 16-05-2019          SA       : 31-07-2019

CPIO : 30-04-2019           FAO : 14-06-2019             Hearing: 10-01-2022

                                  ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) Reserve Bank of India, Mumbai. The appellant seeking information is as under:-

1. Whether the City Bank, N.A registered office at Cannaught Place, New Delhi is registered/licensed under the Indian Laws inforce for operating the banking operations in India? If yes, kindly supply the registration certificate/licensed so issued to the said bank.
2. Whether any Bank operating in India under license from RBI, can stop payment of a Bank Draft issued by it to the beneficiary/ drawee under normal business transaction/without any valid reason?
3. Under what circumstances/condition a bank can stop payment of a Bank Draft issued by itself?
Page 1 of 3

2. The CPIO vide letter dated 30-04-2019 had denied the information as sought at point nos. 2&3 under section 2(f) of the RTI Act, 2005 and given reply at point no. 1 as sought in the RTI application. Being dissatisfied with the same, the appellant has filed first appeal dated 16-05-2019 and requested that the information should be provided to him. The FAA vide order dated 14-06- 2019 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to himand requested to direct the respondent to provide complete and correct information.

Hearing:

3. The appellant attended the hearing through audio-call. The respondent, Shri Deepak, CPIO/ General Manager attended the hearing through audio-call.

4. The respondent submitted their written submissions and the same has been taken on record.

5. The appellant submitted that the desired information has not been provided to him by the respondent on his RTI application dated 29.03.2019.

6. The respondent submitted that vide their letter dated 30.04.2019, they have informed the appellant that the information sought at point no. 1 of RTI Application is available in the 'Branch Locator' section of the website of 'database of Indian economy' at https://dbie.rbi.org.in/. that as regards copy of registration certificate/license issued to the bank for the said branch/ office, the same is not available as records have been destroyed on completion of preservation period. That the information sought at point nos. 2 & 3 of RTI Application have been denied as per section 2 (f) of RTI Act, 2005.

Decision:

7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant has sought information related to registration of City Bank and other queries related thereto. That the respondent has informed that since the branch license copy is being sought by the appellant at point no. 1 of RTI Application, therefore the same has been denied as it is not available in their records. That it has been clarified to the respondent that bank license copy is being sought by the appellant in the said point. That the respondent has agreed to provide the same to the appellant. As far as reply provided w.r.t point nos. 2 & 3 of RTI Application is concerned, the same is in order and therefore the same is being upheld by the Commission.

8. In view of the above, the Commission deems it fit to direct the respondent to provide a revised reply w.r.t point no. 1 of RTI Application vide which the Page 2 of 3 bank license copy should be provided to the appellant within 15 days from the date of receipt of this order.

9. With the above observations, the appeal is disposed of.

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


                                                           नीरजकु मारगु ा)
                                       Neeraj Kumar Gupta (नीरजकु       ा
                                                              सूचनाआयु )
                                    Information Commissioner (सू

                                                     दनांक / Date : 10-01-2022
Authenticated true copy
(अिभ मािणतस यािपत ित)

S. C. Sharma (एस. सी. शमा ),
Dy. Registrar (उप-पंजीयक),
(011-26105682)


Addresses of the parties:


1.    CPIO
      Reserve Bank of India
      Department of Banking Regulation
      Central Office 12th& 13th Floor
      Central Office Building
      Shahid Bhagat Singh Road, Fort
      Mumbai-400001

2.    Mr. Prakash Narayan Singh




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