Anita Tiwari vs Bank Of Baroda on 6 June, 2022

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Central Information Commission

Anita Tiwari vs Bank Of Baroda on 6 June, 2022

1. The issue raised in CIC/BKOBD/A/2020/665679, CIC/BKOBD/A/2020/668238, CIC/BKOBD/A/2020/668315 & CIC/BKOBD/A/2020/665329 are similar. Therefore, it is felt desirable that a common order be passed in all four second appeals.

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1.1. The issues under consideration arising out of the second appeals include non- receipt of the following information raised by the appellant through the RTI applications and first appeals:-

CIC/BKOBD/A/2020/665679

(i) "A reply dated 13.11.2019 of his application dated 04.11.2019 addressed to GM BOB Vadodara Office & RM BOB Faizabad Office and copy to BOB main branch Faizabad has been received from Mr. Sudeep Tiwari, Advocate. Please intimate that he has been authorized to reply on his application dated 04.11.2019 by BOB main branch Faizabad and the content of reply has been accepted/approved by BOB main branch Faizabad.

(ii) A reply dated 13.11.2019 of his application dated 04.11.2019 addressed to GM BOB Vodadara Office & RM BOB Faizabad Office and copy to BOB main branch Faizabad has been received from Mr. Sudeep Tiwari, Advocate. Please intimate that he has been authorized to reply on his application dated 04.11.2019 by RM BOB Faizabad office and the content of reply has been accepted/approved by RM BOB Faizabad.

(iii) Provide the copy of inquiry & action taken report as mentioned in para 5 of said reply dated 13.11.2019.

(iv) As per para 2 of said reply dated 13.11.2019, Rs. 1363165.20 has been transferred from SB A/c No. **********353 of his father late Jagat Narain Tiwari to his SB A/c No. *********243 or paid to him through banker cheque dated 24.05.2018 in settlement of SB A/c No. ***********353 of his father late Jagat Narain Tiwari.

(v) Intimate the para no. of OA No. 566/2018 under which the applicant i.e. Pradeep Kumar requested that the amount of saving a/c of late Jagat Narain Tiwari may not be transferred to any pension till case pending before the court as mentioned in para 3 of said reply dated 13.11.2019.

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(vi) As per para 7 of said reply dated 13.11.2019, there is no loss to him since interest on saving bank a/c has been regularly credited in his SB A/c. Intimate whether the interest rate of various type of fixed deposit/terms deposits & investment scheme in BOB is equal to the interest on saving bank a/c.

(vii) Intimate the date of receiving of court summons through case no. 566/2018 titled as Pradeep Vs. Annapurna & Others as mentioned in point 2 of their reply dated 15.11.2019 under RTI Act, 2005.

(viii) Intimate whether said court summons was received by hand or by post in BOB main branch Faizabad.

(ix) Intimate the balance of amount in SB A/c no. **********353 of his father late Jagat Narain Tiwari on the date of receiving of said court summons.

(x) Intimate whether bank was custodian of said amount on behalf of him or his father on the date of receiving of court summons.

(xi) Provide the approved copy of resolution with noting in all stages under which grievance ref no. ****211, ****300, ****400 & ****457 has been closed without resolving his grievance."

CIC/BKOBD/A/2020/668238 Appellant's 1st appeal (Reg no. BKOBD/A/2019/60342) under RTI Act 2005 against order dated 15.11.2019 passed by PIO Ayodhya on his RTI application dated 23.10.2019 (Reg No. BKOBD/R/2019/51422) has been disposed of by Dr. Ram Jass Yadav GM & 1st appellate authority Zonal Office, Lucknow with the remarks that no interference is required in order passed by the PIO as the complaint has been resolved. Please intimate the Section of RTI Act, 2005 under which no interference is required in order passed by the PIO if the complaint of applicant has been resolved.

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CIC/BKOBD/A/2020/668315 "The appellant filed complaint against illegal lien on Rs. 1363165/- in his SB A/c **********5243 made by Shri R K Mehta then Branch Manager BOB main branch Faizabad in Banking Ombudsman Kanpur on 07.10.2019. The complaint no. is ***********9323. Provide following information under RTI Act, 2005.

(i) Intimate the date of receiving of his said complaint from banking ombudsman Kanpur.

(ii) Intimate the letter no. & date of forwarding of reply on his said complaint to Banking Ombudsman Kanpur.

(iii) Provide a copy of said reply forwarded to Banking Ombudsman Kanpur."

CIC/BKOBD/A/2020/665329

(i) "Intimate date on which lien on Rs. 1363165/- in his SB A/c ***********243 has been made by BOB main branch Faizabad.

(ii) Intimate whether court order received for lien on said amount in his A/c. If yes, then copy of court order provide to him.

(iii) Intimate whether banking rules & regulation permit for lien on said amount in his A/c. If yes then copy of rule provide to him.

(iv) Intimate whether legal opinion obtained from bank counsel before lien made on said amount in his a/c. If yes then copy of legal opinion provide to him.

(v) Intimate whether legal advice obtained from higher authorities before lien made on said amount in his A/c. If yes then copy of legal advice provide to him.

(vi) Name, designation & address of Officer who closed grievance ref ****211 on 27.08.2019 without resolving of his grievance.

(vii) Name, designation & address of Officer who generated grievance ref ****300 on his application dated 05.09.2018/E-mail.

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(viii) Name, designation & address of Officer who closed grievance ref ****300 on 16.09.2019 with the remarks that no lien found on their A/c.

(ix) Name, designation & address of Officer who generated grievance ref ****400 on his reminder e-mail.

(x) Name, designation & address of Officer who closed grievance ref ****400 on 26.09.2019 with the remarks that legal advice is awaited, you will be informed as soon as we receive the advice from concern department.

(xi) Intimate how much time given to concerned department for furnishing legal advice as mentioned in resolution provided in grievance ref ****400.

(xii) Name, designation & address of officer who is responsible for furnishing legal advice as mentioned in resolution provided in grievance ref ****400.

(xiii) Intimate whether instruction received from GM BOB Head Office & RM BOB Regional Office Faizabad for forwarding of statement of case alongwith all documents to Head Office & RM Office on his application dated 05.09.2019 addressed to GM BOB Head Office Vodadara & RM Office, Faizabad and 18.10.2019 addressed to GM Head Office & copy to RM Office, Faizabad. If yes then date of receiving of instruction & date of forwarding of statement of case provide to him.

(xiv) Intimate whether statement of case alongwith all concerned documents has been forwarded to GM BOB Head Office & RM Office Faizabad on his application dated 18.10.2019 addressed GM BOB Head Office & copy to your office for obtaining necessary direction for withdrawal of lien on Rs. 1363165/- in his a/c with 18% interest from date of illegal lien made by BOB main branch Faizabad. If yes then date of forwarding of statement of case provide to him.

(xv) Name, designation & address of Officer who generated grievance ref ****457 on his application/e-mail dated 18.10.2019.

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(xvi) Name, designation & address of Officer who closed grievance ref ****457 on 23.10.2019 with the remarks that provide written application to branch. (xvii) Name, designation & address of first appellate authority. (xviii) Name & address of MD & CEO of BOB."

2. Succinctly facts of the case are that the appellant filed applications dated 23.10.2019, 05.12.2019, 10.02.2020 and 12.02.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of Baroda, Distt. Ayodhya, seeking aforesaid information. The CPIO vide letters dated 15.11.2019/ 21.12.2019/19.02.2020/02.03.2020 replied to the appellant. Aggrieved with the same, the appellant filed first appeals dated 25.11.2019/03.01.2020/08.03.2020/ 29.03.2020. The First Appellate Authority (FAA) vide orders dated 31.01.2020/ 30.03.2020 disposed of the first appeals. Aggrieved by the same, the appellant filed second appeals dated 04.03.2020/07.03.2020/15.04.2020/16.04.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeals dated 04.03.2020/07.03.2020/15.04.2020/16.04.2020 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 21.12.2019 and the same is reproduced as under:- CIC/BKOBD/A/2020/665679

(i) "Yes he is authorized to reply the application dated 04.11.2019.

(ii) The answer is already provided in preceding paragraph.

(iii) The same cannot be answered as being barred under Section 8 (1) (j) of the RTI Act, 2005.

(iv) The amount was transferred through bankers cheque no. ***386 dated 24.05.2018 from account no. ***********353 and **********5243.

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(v) Para 6 of the application filed by applicant Pradeep Kumar mentions the fact of not making the payment to plaintiff no. 1 to 6 and in regards to the same the applicant has made Bank of Baroda as party in the plaint.

(vi) Reserve Bank of India from time to time fixes the rate of interest of the banks and the prevalent rates are available on the website of the bank.

(vii) The date of receiving the summon is 27.06.2018.

(viii) The copy of the court summons was received by hand through Court Amin.

(ix) The outstanding balance was nil in the account of **********353.

  (x)       The bank is the custodian of the said amount.
  (xi)      The same cannot be answered as being barred under Section 8 (1) (j) of the
            RTI Act, 2005."

The FAA vide order dated 31.01.2020 upheld the reply of the CPIO.

CIC/BKOBD/A/2020/668238 "That in response to your application it is necessary to state that as per the provision of Section 19 of the Right to Information Act, 2005 the appeal is being disposed off by the higher authorities." The FAA vide order dated 30.03.2020 stated that the appeal has been disposed under provision of Sub Section 6 of Section 19 of RTI Act."

CIC/BKOBD/A/2020/668315

(i) "We have received the complaint on 05.11.2019.

  (ii)      We have forwarded the reply on 16.11.2019.
  (iii)     The said information can be sought from the concerned department wherein the
            complaint has been lodged."

The FAA vide order dated 30.03.2020 upheld the reply of the CPIO.


CIC/BKOBD/A/2020/665329

  (i)       The lien was marked on 27.06.2018.


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 (ii)    The Bank has received court summons through case no. 566/2018 titled as

Pradeep Vs. Annapurna and others in which the bank has been made a party, since being a custodian of public money has conducted the detailed inquiry in regards to the same in regard to the list pending before the court of law.

(iii) The above stated act was done well within the purview of Banking Regulation and practice and the rules of the same are available in public domain.

(iv)    The opinion was properly obtained.
(v)     The same has already been answered above.
(vi)    , (vii), (viii), (ix), (x) The same cannot be answered as being barred under
        Section 8 (1) (j) of the RTI Act, 2005.
(xi)    There is no specific time limit for dealing the matter but every matter is being

looked upon within reasonable time and no delay of any nature is being caused.

(xii) The same cannot be answered as being barred under Section 8 (1) (j) of the RTI Act, 2005.

(xiii) The question is not clear in nature thereby cannot be answered.

(xiv) Statement of case along with the concerned documents were submitted to the department for obtaining the opinion and everything can be worked upon under the purview of RTI Act, 2005.

(xv) The same cannot be answered as being barred under Section 8 (1) (j) of the RTI Act, 2005.

(xvi) The same cannot be answered as being barred under Section 8 (1) (j) of the RTI Act, 2005.

(xvii) Mr. Ram Jas Yadav, Zonal Head, Lucknow Zone is the First Appellate Authority and the address is Bank of Baroda, V - 23 Vibhuti Khand, Gomti Nagar, Lucknow - 226010.

(xviii) The same cannot be answered as being barred under Section 8 (1) (j) of the RTI Act, 2005.

The FAA vide order dated 19.12.2019 upheld the reply of the CPIO.

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5. The appellant remained absent and on behalf of the respondent Shri Ashok Kumar, Dy. Regional Manager, Bank of Baroda, Faizabad attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that the representative of the Bank of Baroda met her on 08.07.2020 for settlement of grievance regarding illegal lien marked on Rs. 13,63,165/- in her SB A/c by Main Branch Faizabad. In that regard, they had proposed to her a payment of Rs. 51,000/- as compensation for loss occurred to her and she had accepted it. Further, the appellant vide email dated 07.09.2020, communicated that she was willing to withdraw her second appeals.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that due reply was given by the CPIO on 15.11.2019/ 21.12.2019/19.02.2020/02.03.2020. Further, the appellant vide email dated 07.09.2020, communicated that she had agreed to the proposal of settlement and received Rs. 51,000/- towards compensation and that she was willing to withdraw her second appeals. That being so, there appears to be no public interest in prolonging the matter further. Accordingly, the appeals are dismissed as withdrawn.

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

Sd/-


                                                                             सुरेश चं ा)
                                                          (Suresh Chandra) (सु        ा
                                                                          सूचना आयु )
                                               Information Commissioner (सू
                                                                दनांक/Date: 03.06.2022
Authenticated true copy

R. Sitarama Murthy (आर. सीताराम मूत )
Dy. Registrar (उप पंजीयक)
011-26181927(०११-२६१८१९२७)




                                                                               Page 9 of 10
 Addresses of the parties:
THE CPIO
ASSISTANT GENERAL MANAGER
BANK OF BARODA REGIONAL OFFICE:
BARODA BHAWAN,
SAKETPURI AWASIYA YOJNA,
DEOKALI BYPASS, P.O AYODHYA,
DISTT. AYODHYA - 224123

THE FIRST APPELLATE AUTHORITY
BANK OF BARODA ZONAL OFFICE,
BANK OF BARODA, V- 23
VIBHUTI KHAND GOMTI NAGAR,
LUCKNOW-226010

MS. ANITA TIWARI




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