Neelam Kanwar vs State Bank Of India on 20 February, 2020

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Central Information Commission

Neelam Kanwar vs State Bank Of India on 20 February, 2020

1. The issues under consideration arising out of the second appeal dated 29.01.2018 include non-receipt of the following information raised by the appellant through his RTI application dated 24.10.2017 and first appeal dated 15.11.2017:

(i) ी सुरे िसंह S/o मोहन िसंह जी ारा ब"िकंग लेनदे न काय हेतु आवंिटत %& लाइस(स न०/ िदनांक एवं काय अविध एवं %ो& का नाम की सूचना I

(ii) वष 2014 से RTI सूचना -ा./ तक सुरे िसंह S/o मोहन िसंह जी ारा िकए गए ब"िकंग लेनदे न हेतु ी सुरे िसंह को मेहनताना /कमीशन भुगतान की कुल रािश वषवार सूचना उपल3 कराए I

(iii) इस ब"क 4ो& के लाइस(स का कबतक 5र6ू की सूचना उपल3 कराए I Page 1 of 4

2. Succinctly facts of the case are that the appellant filed an application dated 24.10.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, Regional Manager, Regional Business office, Mandsaur, seeking aforesaid information. The CPIO did not reply.

Dissatisfied with this, the appellant filed first appeal dated 15.11.2017. The First Appellate Authority did not pass any order. Aggrieved by this, the appellant has filed a second appeal dated 29.01.2018 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 29.01.2018 inter alia on the grounds that no response/communication was received from the CPIO. The appellant requested the Commission to direct the CPIO to provide the information free of cost immediately under the RTI Act and recommend disciplinary action against the CPIO.

4. As per records presented by the appellant, the CPIO as well as the First Appellate Authority did not give any response. Hearing on 20.11.2019:

4.1. The appellant and respondent remained absent despite notice of hearing. 4.2. The Commission passed the following directions on 27.11.2019:

"6. The Commission after adverting to the facts and circumstances of the case, and perusal of records, takes a serious view of the absence of the respondent without seeking leave although they have received the hearing notice and provided relevant documents in its response. In view of absence of any record, the Commission gives a final opportunity to both the parties to attend the hearing and present their case in the next hearing. Accordingly, the matter is adjourned."

Hearing on 18.02.2020:

5. The appellant remained absent and on behalf of the respondent, Shri Rajesh Vyas, Chief Manager, State Bank of India, Mandsaur attended the hearing through video conference Page 2 of 4 5.1. The respondent submitted that the appellant was replied vide letter dated 02.11.2017 and was informed the timings of the Kiosk centre for providing customer services. The appellant had requested for information about the bank kiosk operated by her husband Shri Surendra Singh. However, the information was partly denied as the disclosure of the same would have caused unwarranted invasion of an individual's privacy, hence, was denied under section 8 (1) (j) of RTI Act. Further, the Appellate Authority had disposed of the first appeal vide order dated 02.01.2018.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, feels that the exemption claimed by the respondent under section 8 (1) (j) of RTI Act is not sustainable in the eyes of law as the disclosure of the information requested for by the appellant would not cause unwarranted invasion of privacy of Shri Surendra Singh. It is noted that the appellant has requested for general information of the banking kiosk and does not contain any personal details of Shri Surendra Singh. Therefore, public interest demands that the RTI application be re-visited and point-wise information be made available to the appellant within ten days from date of receipt of this order. With these directions, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner(सू दनांक/ Date: 20.02.2020 Authenticated true copy (अिभ मािणतस यािपत ित) (R. Sitarama Murthy) (आर. सीताराम मू त) Page 3 of 4 Deputy Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) ADDRESSES OF THE PARTIES:

CPIO :

STATE BANK OF INDIA REGIONAL MANAGER, REGION-7, REGIONAL BUSINESS OFFICE, MANDSAUR (M.P.) THE F.A.A, GENERAL MANAGER (NW-I), STATE BANK OF INDIA, 4TH FLOOR, LOCAL HEAD OFFICE, HOSHANGABAD ROAD, BHOPAL - 462016 NEELAM KANWAR Page 4 of 4

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