Central Information Commission
Vijay Pal vs Punjab National Bank on 23 August, 2019
Author: Suresh Chandra
Bench: Suresh Chandra
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/PNBNK/A/2018/103970
Vijay Pal ... अपीलकता /Appellant
VERSUS
बनाम
CPIO: Punjab National
Bank, Circle
Office,Rajendra Place,
New Delhi. ... ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 18.08.2017 FA : 21.09.2017 SA : 17.01.2018
CPIO : 10.10.2017 FAO : 24.10.2017 Hearing : 20.08.2019
ORDER
(23.08.2019)
1. The issues under consideration arising out of the second appeal dated 17.01.2018 include non-receipt of the following information raised by the appellant through his RTI application dated 18.08.2017and first appeal dated 21.09.2017:-
Page 1 of 62. Succinctly facts of the case are that the appellant filed an application dated 18.08.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Page 2 of 6 Public Information Officer (CPIO), Punjab National Bank, Circle Office,Rajendra Place, New Delhi seeking aforesaid information. The CPIO replied on 10.10.2017. Dissatisfied with the response of the CPIO, the appellant filed first appeal dated 21.09.2017. The First Appellate Authority disposed of the first appeal vide order dated 24.10.2017. Aggrieved by this, the appellant has filed a second appeal dated 17.01.2018 before this Commission which is under consideration.
3. The appellant filed the instant appeal dated 17.01.2018 inter alia on the grounds that CPIO deliberately did not provide the information because of respondent's vested interest and that the bank was functioning at a property illegally occupied by them.
4. The CPIO replied vide letter dated 10.10.2017 that the area of land taken on lease from Shri Sant Nirankari Mandal for running the branch was 4150 sq. ft. and rent for the same was Rs. 1,03,750/- per month. The CPIO provided para-wise reply on all points denying the copy of lease under section 8 (1) (d) of the RTI Act and stated that information on point no. 3 of the RTI application was not available with them.
5. The appellant and on behalf of the respondent S/Shri Pardeep Kumar, Deputy Manager, V P Asthana, CPIO and R K Mathur, Senior Manager(Law), Punjab National Bank, Sant Nirankari Colony, Delhi attended the hearing in person.
5.1. The appellant alleged that the bank was operating at unauthorized location and the property belonged to Gram Sabha. Therefore, he had sought the information relating to property on which the bank was operating. The appellant submitted that the respondent had provided information on some of the points but had not provided copy of the lease deed.Page 3 of 6
5.2. The respondent submitted that they had provided the details of the property to the appellant including the area of the branch and rent amount paid to the lessor every month. The respondent further submitted that they could provide the khasra number to the appellant immediately after the hearing which was mentioned in the contents of the lease deed.
6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, feels that the appellant has sought the information for substantiating his allegations that the Punjab National Bank was unauthorizedly occupying premises and operating its branch at Nirankari Colony, Delhi. The respondent in his reply dated 10.10.2017 has stated:
"The reply sent on 26.09.2017 was received back due to reason 'No such addresS. We are again sending the reply.
1. Aiea of land taken on lease from Sant Nirankari Mandal for iunning the branch is 4150 sq ft. Rent of the same is Rs. 1,03,750/- per month. .
2. As per available records the premises was taken. on lease with effect from - February, 1988 @ Rs.15,6751- per month. (Signing authority from Sant Nirnakari Mandal is not available). Prior- to this no record is available. The last time lease - was renewed on 01.02.2008 for 15 years up to 31.01.2023 and Sh. Gobind .Singh Gen Secretary of Sant Nirankari Mandal signed the lease deed. Copy of' lease deed cannot be provided and exempted under section 8 (1) (d) of RTI Act 2005.
3. Information not available
4. Copy of lease deed cannot be provided and exempted under section 8 (1) (d) of , RTI Act 2005. Your application is accordingly disposed off at ours.
6.1. Upon consideration of contentions of the both parties, it is noted that the respondent has provided information on point no. 1 and 2 of the RTI application Page 4 of 6 but reply given in respect of point no. 3 of the RTI application that khasra number and site plan of the land was not available, is evasive. As brought out by the respondent during the hearing, the lease deed contained the khasra number of the land therefore their response in that regard was incorrect. Although first part of point no. 3 of the RTI application is in the nature of query, the appellant has sought specific information in the second part i.e. khasra number of the land. In view of this, it is of paramount importance that a holistic interpretation be given to the provision under section 8 (1) (d) so as to determine whether larger public interest outweighs the commercial confidence apprehended to be harmed upon disclosure of the information or not. In the present appeal, disclosure of copy of lease deed would ensure legality and transparency in terms of which the respondent bank was operating its branch at Nirankari Colony, New Delhi. Therefore, public interest is demonstrated by the appellant warranting disclosure of the information. Accordingly, khasra number and certified copy of the lease deed be made available to the appellant within ten days of receipt of this order. With the aforementioned directions, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 23.08.2019 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Page 5 of 6 Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) ADDRESSES OF THE PARTIES:
CPIO :
1. PUNJAB NATIONAL BANK CIRCLE OFFICE,NORTH DELHI, 3RD FLOOR, RAJENDRA BHAWAN, RAJENDRA PLACE, NEW DELHI -110008 THE F.A.A, PUNJAB NATIONAL BANK, CIRCLE OFFICE,NORTH DELHI, 3RD FLOOR, RAJENDRA BHAWAN, RAJENDRA PLACE, NEWDELHI - 110008 VIJAY PAL Page 6 of 6