Sham Sunder vs Punjab National Bank on 30 December, 2022

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Central Information Commission

Sham Sunder vs Punjab National Bank on 30 December, 2022

1. The issue under consideration arising out of the second appeal dated 12.03.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 20.12.2020 and first appeal dated 27.01.2021:-

Appellant's ODH Account *************076 with PNB Faridkot Cantt. Provide following information under RTI Act, 2005.

(i) In response to his letter resting with bank, bank have mentioned that approved MPA is not necessary for valuation. Provide the guidelines of the bank depicting therein that approved Map (by Municipal committee/corporation in case of urban property and by town planner for rural property) is not required for valuation purpose by approved valuer.

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(ii) In response to his letter resting with bank,, he was informed that rate of property in the area is decreased after the demonetization. Provide the detail of two deal undertaken in the area on the basis of which you have advise the rate of property has fallen after demonetization and rate of land taken by the valuer earlier and now, rate of construction has decreased after demonetization by giving the basis on which it was considered i.e. rate of raw material before demonetization and after etc. through 08 points.

2. Succinctly facts of the case are that the appellant filed an application dated 20.12.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Fazilka, seeking aforesaid information. The CPIO vide letter dated 16.01.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 27.01.2021. The First Appellate Authority (FAA) vide order dated 25.02.2021disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 12.03.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 12.03.2021 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 16.01.2021 and the same is reproduced as under:-

(i) "Guidelines cannot be provided as it is for internal circulation only.

(ii) The information cannot be provided as same being exempted from disclosure under Section 8 (1) (d) of the RTI Act, 2005 which exempts information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party and collection of this information would disproportionately divert the resources of the public authority.

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(iii) Copy of valuation is attached.

(iv) Guidelines cannot be provided as it is for internal circulation only.

(v) Cibil report extracted from portal is attached and no such guidelines are available for enhancement for irregular account holders.

(vi) Copy of letter attached.

(vii) The information cannot be provided as same being exempted from disclosure under Section 8 (1) (d) of the RTI Act, 2005 which exempts information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party and collection of this information would disproportionately divert the resources of the public authority.

(viii) CIBIL report is attached."

The FAA vide order dated 25.02.2021 provided following information:-

(i) "I concur with the reply of CPIO. The information cannot be provided to you as it falls under Section 8(1) (d) of RTI Act 2005 commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and collection of this information would disproportionately divert the resources of the public authority.

(ii) I concur with the reply of CPIO. The information cannot be provided to you as it falls under Section 8 (d) of RTI Act 2005 commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and collection of this information would disproportionately divert the resources of the public authority.

(iii) Valuation is done by the empanelled valuer and not Branch Manager.

(iv) I concur with the reply of CPIO. The information cannot be provided to you as it falls under Section 8 (d) of RTI Act 2005 commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and collection of this information would disproportionately divert the resources of the public authority.

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(v) The account *************255 as per cibil report was irregular in Feb 2020 and overdue for 4 days, in march 2020 overdue for 8 days, in April 2020 overdue for 90 days, and in May 2020 overdue for 4 days. The account *************076 as per cibil report was irregular in May 2019 overdue for 62 days, in June 2019 overdue for 2 days in june 2019 overdue for 33 days, in aug 2019 overdue for 2 days, in sept 2019 overdue for 2 days, in oct 2019 overdue for 2 days, in Nov 2019 overdue for 32 days, in dec 2019 overdue for 63 days and in feb 2020 overdue for 31 days.

(vi) Our PLP RAM Fazilka had informed you vide email dated 21.09.2020 regarding their decision of rejection for OD/HL enhancement.

(vii) The information cannot be provided as same being exempted from disclosure under Section 8 (1) (d) of the RTI Act 2005 which exempts information including commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and collection of this information would disproportionately divert the resources of the public authority.

(viii) I concur with the reply of CPIO."

5. The appellant remained absent and on behalf of the respondent Shri Kuldeep Singh, Chief Manager & CPIO, Punjab National Bank, Fazilka attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that they had furnished point-wise information to the appellant vide letter dated 16.01.2021. Moreover, the appellant had sought information which was mostly about his RTI applications filed by him earlier.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the appellant was making RTI out of the response given to him either in earlier RTI applications or in response to his grievance. If such RTI applications arising out of the replies given by the PIO on the earlier RTI applications was considered, the process may never end. Besides, the CPIOs Page 4 of 5 and FAA had already dealt with second round of RTI applications.Moreover, the queries were also hypothetical and in most of the points he was seeking reasons not covered within the definition of "information" under section 2 (f) of the RTI Act. However, due reply had already been given to him. The Commission finds no grounds for intervention in the matter for the above mentioned reasons. Accordingly, the appeal is dismissed.

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: 28.12.2022
Authenticated true copy

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


Addresses of the parties:
The CPIO
Punjab National Bank,
Circle Office, 1st Floor, PNB Main
Branch, Abohar Road,
Fazilka - 152123


The First Appellate Authority
Punjab National Bank,
Circle Office, 1st Floor, PNB Main
Branch, Abohar Road,
Fazilka - 152123

Shri Sham Sunder




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