Gopal Chandra Dash vs Central Bank on 25 April, 2022

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Central Information Commission

Gopal Chandra Dash vs Central Bank on 25 April, 2022

1. The issues under consideration arising out of the second appeal dated 20.11.2019 include non-receipt of the following information sought by the appellant through the RTI application dated 01.08.2019 and first appeal dated 30.08.2019:-

(i) "Provide the attested photo copy of Pass Book Account statement of District Child Protection Unit (DCPU), Nuapada from the period January 2017 to July 2019.

(ii) Provide the attested photo copies of cheques of District Child Protection Unit (DCPU). Nuapada which are given to the Central Bank of India (CBI) Nuapada Branch dist. Nuapad Odisha for transfer of funds to the accounts of different beneficiaries from the period January 2017 to July 2019.

(iii) Provide the attested photo copies of advice letters of District Child Protection Unit (DCPU), Nuapada which are given to the Central Bank of India (CBI) Page 1 of 4 Nuapada Branch Dist- Nuapada Odisha for transfer of funds to the account of different beneficiaries from the period of January 2017 to July 2019.

(iv) Provide the attested photo copies of sanctions orders of District Child Protection Unit (DCPU), Nuapada which are given to the Central Bank of India (CBI), Nuapada Branch dist- Nuapada Odisha for transfer of funds to the accounts of different beneficiary from the period January 2017 to July 2019".

2. Succinctly facts of the case are that the appellant filed an application dated 01.08.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Bank of India, Sambalpur, seeking aforesaid information. The CPIO vide letter dated 08.08.2019 replied to the appellant. Aggrieved with the same, the appellant filed first appeal dated 30.08.2019. The First Appellate Authority (FAA) vide order dated 28.10.2019 disposed of the first appeal. Aggrieved by that, the appellant filed a second appeal dated 20.11.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 20.11.2019 inter alia on the grounds that reply given by the CPIO was not satisfactory; that the appellant had not sought personal details of an individual but the information related to a public/government department of Government of Odisha dealing with public money in larger public interest. 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 08.08.2019 and the same is reproduced as under:-

"We like to inform you that the photo copies of the above mentioned documents of DCPU, Nuapada cannot be provided as the information under RTI act, 2005 u/s 8(1)(j) and which clearly states that:

"information which relates to personal information the disclosure of which has no relationship to any pubic activity or interest or which would cause unwarranted invasion of the privacy of the individual unless the CPIO or the SPIO or the appellate Page 2 of 4 authority, as the care may be satisfied that the larger public interest justifies the disclosure of such information "

The FAA vide order dated 28.10.2019 held that disclosure of the information sought by the appellant was exempted under section 8 (1) (d) of the RTI Act.

5. The appellant remained absent and on behalf of the respondent Shri Bal Krishan Swain, Chief Manager & CPIO, Central Bank of India, Sambalpur, attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that the appellant had sought information about the account of District Child Protection Unit which was maintained with their bank. However, the information pertaining to account transactions of third party could not be disclosed to the appellant who was neither the account holder nor authorized representative of the Unit. The respondent further pleaded that the information was held by them in fiduciary capacity and the disclosure of the information was also exempted under section 8 (1) (e) of the RTI Act.

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 08.08.2019. Further, in the absence of the appellant or any written objections thereof, the averments made by the respondent were taken on record. There appears to be no public interest in prolonging the matter further. Accordingly, the appeal is dismissed.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 25.04.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 3 of 4 Addresses of the parties:

CPIO : CHIEF MANAGER CENTRAL BANK OF INDIA REGIONAL OFFICE QUANTUM BUILDING MODIPARA, FARM ROAD, SAMABALPUR ODISHA PIN-768002 THE FIRST APPELLATE AUTHORITY FIELD GENERAL MANAGER CENTRAL BANK OF INDIA ZONAL OFFICE 33, NETAJI SUBHAS ROAD, KOLKATA-700001 SHRI GOPAL CHANDRA DASH Page 4 of 4

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