Deepinder Singh Poonian vs Punjab National Bank on 22 December, 2020

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Central Information Commission

Deepinder Singh Poonian vs Punjab National Bank on 22 December, 2020

1. The issues under consideration arising out of the second appeal dated 07.04.2018 include non-receipt of the following information raised by the appellant through her RTI application dated 18.10.2017 and first appeal dated 02.01.2018:-

 Documents and information pertaining to payment of cheques, specimen signatures, account opening forms, etc. i. The certified extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate the rules/ guidelines/ check/ precautions etc. which were applicable between 2006 to 2010 Page 1 of 8 for the payment of a cheque drawn on a Saving Bank Deposit Account in your branch at PNB House, Sector - 17 B, Chandigarh.

ii. The certified extracts of the manuals, books of instructions, codified circular, periodical circulars or any other instructions which enumerate that to give payment of cheque it is mandatory to compare the drawers signature on the cheque with those specimen signatures of the account holder maintained on bank record in the form of signatures on account opening forms, specimen signature slips, specimen signatures on teller cards as per the rules, regulations and guidelines which were applicable between 2006 to 2010 for the payment of a cheque drawn on a Saving Bank Deposit Account in your branch at PNB House, Sector 17-B, Chandigarh.

iii. The certified extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate as to why specimen signatures of account holders were taken on opening of saving bank account and later maintained on bank record in the form of signatures on account opening forms, specimen signatures slips, specimen signatures on teller cards as per the rules, regulations and guidelines which were applicable between 2006 to 2010 for the payment of a cheque drawn on a Saving Bank Deposit Acccount in your branch at PNB House, Sector - 17 B, Chandigarh. iv. The certified extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate that the photographs taken of the Saving account holder on his account opening forms, specimen signatures slips, specimen signatures on teller cards are not substitutes for the specimen signatures of account holders as taken on opening of Saving Bank account and later maintained on bank record in the form of signatures on account opening forms, specimen signatures slips, specimen signatures on teller cards as per the rules, regualtions and guidelines which were applicable between Page 2 of 8 2006 to 2010 for the payment of a cheque drawn on a Saving Bank Deposit Account in your branch at PNB House, Sector - 17 B, Chandigarh. v. The certified extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate the various documents to be submitted in case the saving account holder's signature on cheque does not tally with those maintained by the bank in the form of specimen signatures and account opening forms as per the rules, regulations and guidelines which were applicable between 2006 to 2010 in a Saving Bank Deposit Account in your branch at PNB House, Sector - 17B, Chandigarh. vi. The certified extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate the various documents to be submitted and other operational rules/ regulations/ guidelines as per the rules, regulations and guidelines which were applicable between 2006 to 2010 pertaining to the operation of Saving Deposit Accounts in your branch at PNB House, Sector - 17-B, Chandigarh.

vii. The certifed extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate as to why specimen signatures of account holders were taken on opening of Safe Deposit Locker account and later maintained on bank record in the form of signatures on account opening forms, specimen signatures on locker ledger sheet, speciment signatures on locker cards as per the rules, regulations and guidelines which were applicable between 2006 to 2010 for the payment for the operation of a Safe Deposit Locker account in your branch at PNB House, Sector - 17 B, Chandigarh.

viii. The certified extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate that to operate a Safe Deposit Locker it is mandatory to compare the signature given on visit Page 3 of 8 katcha visit register and locker operation ledger sheet by account holder with those specimen signatures of the Safe Deposit Locker account holder maintained on bank record in the form of signatures on account opening forms, specimen signatures on ledger sheet and specimen signatures on locker cards as per the rules, regulations and guidelines which were applicable between 2006 to 2010 for the operation of a Safe Deposit Locker account in your branch at PNB House, Sector - 17 B, Chandigarh.

ix. The certified extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate as to why specimen signatures of account holders were taken on opening of Safe Deposit Locker account and later maintained on bank record in the form of signatures on account opening forms, specimen signatures on locker ledger sheet, specimen signatures on locker cards as per the rules, regulations and guidelines which were applicable between 2006 to 2010 for the payment for the operation of a Safe Deposit Locker account in your branch at PNB House, Sector - 17B, Chandigarh.

x. The certified extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate that the photographs taken of the Safe Deposit Locker account holder on his account opening forms, locker ledger sheet, locker cards are not substitutes for the specimen signatures of Safe Deposit Locker account holders as taken on opening of Safe Deposit Locker account and later maintained on bank record in the form of signatures on account opening forms, specimen signatures on locker ledger sheets, specimen signatures on locker cards as per the rules, regulations and guidelines which were applicable between 2006 to 2010 for the operation of a Safe Deposit Locker account in your branch at PNB House, Sector 17 - B, Chandigarh.

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xi. The certified extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate the various documents to be submitted in case the safety locker account holder's signature on the katcha register and safe deposit operation ledger sheet does not tally with those maintained by the bank in the form of specimen signatures on safe deposit operation ledger sheet and safe deposit locker account opening forms as per the rules, regualations and guidelines which were applicable between 2006 to 2010 in your branch at PNB House, Sector 17 B, Chandigarh.

xii. The certified extracts of the manuals, books of instructions, codified circulars, periodical circulars or any other instructions which enumerate the various documents to be submitted and other operational rules/ regulations/ guidelines as per the rules, regulations and guidelines which were applicable between 2006 to 2010 pertaining to the operation of Safe Deposit Lockers in your branch at PNB House, Sector 17 B, Chandigarh.

2. Succinctly facts of the case are that the appellant filed an application dated 18.10.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Sector 17-B, Chandigarh, seeking aforesaid information. The CPIO replied on 15.11.2017 and 28.11.2017. Dissatisfied with the response of the CPIO, the appellant filed first appeal dated 02.01.2018. The First Appellate Authority disposed of the first appeal vide order dated

08.01.2018. Aggrieved by this, the appellant has filed a second appeal dated 07.04.2018 before this Commission which is under consideration.

3. The appellant filed the instant appeal dated 07.04.2018 inter alia on the grounds that the reply given by the CPIO was not satisfactory. The appellant has requested the Commission to direct the CPIO to provide the information immediately and take necessary action against the CPIO/FAA as per sub-section (1) of section 20 of the RTI Act.

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4. The CPIO vide letter dated 15.11.2017 requested the appellant to deposit Rs. 114/- for the cost of photocopying of the information to be provided as per Section 7 (5) of the RTI Act. Subsequently, the CPIO vide letter dated 28.11.2017 replied that information sought was not specific with regard to particular transaction and general in nature. He further denied the information under Section 7 (9) of the RTI Act. The FAA vide his order dated 08.01.2018 agreed with the views taken by the CPIO. Hearing on 21.02.2020:

4.1. The appellant attended the hearing through video conference and the respondent remained absent.

4.2. The Commission passed the following directions on 26.02.2020:

"6. The Commission after adverting to the facts and circumstances of the case, hearing the appellant and perusal of the records, notes that respondent was not present before the Commission to defend their case despite notice. The absence of the respondent without seeking leave of the Commission is viewed seriously. It shows their non seriousness towards the RTI Act as well as the Commission which would undermine to the very objectives of the RTI Act. In view of this, the Registry of this Bench is directed to issue a show cause notice to the CPIO, Punjab National Bank, Circle Office, Sector-17B, Chandigarh, as to why action under Section 20(1) of the RTI Act should not be initiated against him for not providing proper reply/information to the appellant. 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 two weeks from the date of receipt of this order."

Hearing on 13.11.2020:

5. The appellant and on behalf of the respondent, Shri Kranti Kumar, CPIO, Punjab National Bank, Chandigarh attended the hearing through video conference.

5.1. The appellant submitted that he had received the requisite information and that he wished to withdraw his appeal.

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5.2. The respondent explained that they had submitted their written explanations vide letter dated 19.03.2020. The respondent further submitted that due to accident of employee handling dak, they received the hearing notice late in their section. The respondent clarified that they strengthened their dak section so that such incidents do not occur in future. In respect of information sought relating to books of instructions, manuals, codified circulars, periodical circulars or any other instructions of the documents and other information etc. regarding or pertaining to their Banking rules, Regulations, Guidelines and Practices relating to years 2006 to 2010 in respect of saving bank and locker accounts the appellant did not mention specific or particular transaction or period in respect of which information was sought. Therefore, the information was denied under the provisions of section 7 (9) of RTI Act and that they had demanded Rs. 114/- towards photocopying charges of documents sought vide letter dated 28.11.2017. Thereafter, in compliance of the Commission's order dated 26.02.2020 they had supplied complete information, guidelines and circulars to the appellant. The respondent requested the Commission to consider the fact that they had replied and that it was not a case wherein they had not responded to the RTI application but had demanded requisite fees as per rules.

6. The Commission after adverting to facts and circumstances, hearing both parties and perusal of records, notes that the respondents have duly complied with the Commission's order dated 26.02.2020. It may be noted that the respondent had claimed exemption under section 7 (9) of RTI Act vide letter dated 28.11.2017 and after getting clarification from the appellant, requisite information was made available to him. Further, the appellant conveyed that the information was received and that he was willing to withdraw his second appeal. In view of the above and the explanations submitted by the CPIO, there appeared to be no mala fide on the part of the CPIO.

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Therefore, the show cause notices issued against Shri Kranti Kumar, CPIO, is hereby dropped. Accordingly, 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:21.12.2020 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO:

PUNJAB NATIONAL BANK Circle Office, PNB House, Sector 17-B, Chandigarh - 160 017 THE F.A.A, PUNJAB NATIONAL BANK Circle Office, PNB House, Sector 17-B, Chandigarh - 160 017 DEEPINDER SINGH POONIAN Page 8 of 8

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