Gudavalli Malleswari vs State Bank Of India on 14 June, 2019

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Central Information Commission

Gudavalli Malleswari vs State Bank Of India on 14 June, 2019

1. The issues under consideration arising out of the second appeal dated 17.08.2017 include non-receipt of the following information raised by the appellant through his RTI application dated 16.03.2017 and first appeal dated 15.04.2017:-

(i) Details regarding transfer of fixed deposits amounting to Rs. 5 lacs and whether there are any orders from Hon'ble Court restricting payment of proceeds of fixed deposit amount to Smt. Gudavalli Malleshwari.

(ii) Whether there is any chance of payment of the proceeds to Smt. Gudavalli Malleshwari.

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2. Succinctly facts of the case are that the appellant filed an application dated 16.03.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, RBO-2, Brodipet, Guntur, seeking aforesaid information. The CPIO replied on 07.04.2017. Dissatisfied with the response of the CPIO, the appellant has filed first appeal dated 15.04.2017. The First Appellate Authority disposed of the first appeal vide order dated 15.05.2017. Aggrieved by this, the appellant has filed a second appeal dated 17.08.2017 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 17.08.2017 inter alia on the grounds that the respondents did not provide the complete information.

4. The CPIO on 07.04.2017 informed that the fixed deposits amounting to Rs. 5 lacs were transferred to SBI Tadikonda Branch on 18.04.2016. A complaint received from Mr. Gudavalli Venkateswara Rao stating that the original TDRs were filed into court for temporary injunction (IA No. 345/2016). The CPIO further replied that as the matter was pending with the Hon'ble court of law, they were unable to pay TDRs. The FAA vide order dated 15.05.2017 held that suitable reply had already been provided by the CPIO.

Hearing on 15.04.2019 4.1. The appellant and the respondent Mr. Satya Narayan Rao, Regional Manager, State Bank of India, Guntur attended the hearing through video conferencing.

Interim Decision (22.04.2019) 4.2. The Commission has passed the following directions:-

"5.1. The appellant submitted that she had opened a fixed deposit account in the Vijayawada Branch and she intended to withdraw the account.

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5.2. The respondent submitted that the appellant had a savings bank account in Penamaluru Branch, SBI which was transferred to Tadikonda Branch on 29.04.2017. The appellant and her husband had marital disputes and her husband Mr. G. Venkateswara Rao filed petition bearing no. I.A. No. 345/2016 for temporary injunction. They further submitted that the bank and the appellant were made defendants in that suit and they have filed their pleadings before the court stating that since the appellant is the single account holder of the account, the FD amount may be released in her favour. The CPIO submitted that notice in the suit was issued to them on 16.04.2016 but no injunction order was passed till date. The appellant submitted her defence documents in the court today. As the ownership of the TDRs is in litigation the bank refused premature disclosure of TDRs pending a verdict in favor of plaintiff or defendant. The reply was accordingly given to appellant as the matter was sub judice.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, feels that the parties have made their submissions before the Hon'ble Court of the Additional Senior Civil Judge, Vijayawada in O.S. No. 266/2016 (IA No. 345/2016). The respondent has stated that they await the orders of the court to act in its accordance. Therefore, they could not provide the information as to whether there was any chance of payment of proceeds to the appellant. In view of the pendency of the matter before the Additional Senior Civil Judge, Vijayawada as stated by both parties, the matter is adjourned to 16.05.2019."

Due to administrative reason, hearing could not be held on 16.05.2019. A notice was issued for hearing on 11.06.2019.

Hearing 11.06.2019

5. Appellant's brother Mr. Srinivasa Rao and Mr. M.R.V. Gopalan, Chief Manager, State Bank of India, Guntur attended the hearing through video conferencing.

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5.1. Mr. Gopalan failed to show any order of the court, preventing them to provide information to the appellant. The respondent has not been able to clarify to the Commission as to under which order of the court, they are not providing information to the account holder (the appellant). It has been informed that the account which is the subject matter of this appeal is in the name of Smt. Gudavalli Malleswari and in the absence of any direction from the court of competent jurisdiction she may not be prevented from exercising her rights concerning her account including the information with respect to the status of the fixed deposit or other details of the account. The matter has been languishing for the last 2 years.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, feels that in the absence of any court order, the appellant cannot be prevented from having the information as well as enjoying rights accruing from the fixed deposit in accordance with the rules of TDRs. Accordingly the respondents are directed to provide all information including her entitlement within 10 days from the date of receipt of this order. Accordingly 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: 14.06.2019 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 4 of 5 ADDRESSRES OF THE PARTIES:

THE CENTRAL PUBLIC INFORMAION OFFICER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE (RBO - 2), UPSTAIRS OF SBI TREASURY BRANCH, 2/14, BRODIPET, GUNTUR - 522 022.

THE CENTRAL PUBLIC INFORMAION OFFICER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE (RBO - 2 RURAL), 5-87-9, UPSTAIRS OF KFC, LAKSHMIPURAM MAIN ROAD, GUNTUR - 522 0O7.

SMT. GUDAVALLI MALLESWARI, COPY TO:

FIRST APPELLATE AUTHORITY, GENERAL MANAGER (NW - 3), STATE BANK OF INDIA, LOCAL HEAD OFFICE, BANK STREET KOTI, HYDERABAD - 500 095 Page 5 of 5

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