Naresh Kumar vs Rural / Gramin Banks on 21 January, 2021

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Central Information Commission

Naresh Kumar vs Rural / Gramin Banks on 21 January, 2021

1. The issues under consideration arising out of the second appeal dated 07.12.2018 include non-receipt of the following information raised by the appellant through his RTI application dated 06.09.2018 and first appeal dated 10.10.2018:-

i. &कस भी (यि*त का लोन बकाया है या -डफा टर है तो ब1क उस (यि*त के Saving Account से Loan Account म ब1क का कमचार या ब1क का मै नेजर बगै र खाता धारक से पछ ू ताछ &कये या ह7ता8र बगै र 9पये :ा सफर का सकता हैया नह ं अगर हाँ तो 9पये Page 1 of 5 नकालने क< अथॉ>रट &कस अ?धकार ने द उसका नाम व पता और अथॉ>रट पA क< फोटोकॉपी द जाये! ii. सव ह>रयाण Bामीण ब1क Cमज़ापरु ( हसार) मE &कतने KCC Account ह1! इनमE से &कतने Defaulter ह1 और &कतने Defaulter िकसानो के Saving Account से Loan Account मे Transfer िकये िल खत म दे और िकतने -डफा टर &कसानो क< जमीन क< नीलामी क<! CलGखत मE दE ! iii. मे रा Loan Account AH 15754 क< परू फाइल क< फोटोकॉपी द जाये! iv. लोन धारक को loan लेनेपर Hयाज &कस आधार पर लगाया जाता है इससेसIबं?धत अथॉ>रट पA क< फोटो कॉपी क< जाए! v. Cमज़ापरु ब1क मE अनस ु ?ू चत जा त नगम व पशु पालन वभाग वारा अनस ु ?ू चत जा त के लोगो के Cलए आपके ब1क मE loan देनेके Cलयेइस साल के &कतनेtarget ह& और िकतने लोगो को िदया है िल खत म दे ! vi. अनस ु ?ू चत जा त नगम व पशु पालन वभाग वारा Cमज़ापरु ब1क मE दए गयेलोन के &कतनेखातेNPA ह1 सभी खातो का CलGखत मE Hयौरा दया जाये!

2. Succinctly facts of the case are that the appellant filed an application dated 06.09.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Sarva Haryana Gramin Bank, Hisar, Haryana, seeking aforesaid information. The CPIO replied on 10.10.2018. Dissatisfied with the response of the CPIO, the appellant filed first appeal dated 03.10.2018. The First Appellate Authority (FAA) disposed of the first appeal vide its order dated 05.11.2018.

Aggrieved by this, the appellant filed a second appeal dated 07.12.2018 before the Page 2 of 5 State Information Commission, Haryana and the same was forwarded to the Central Information Commission which is under consideration.

3. The appellant filed the instant appeal dated 07.12.2018 inter alia on the grounds that reply given by the CPIO was incomplete and the FAA did not give opportunity of hearing before passing its order. The appellant requested the Commission to direct the CPIO to provide complete information immediately and take necessary action as per sub-sections (1) & (2) of section 20 of the RTI Act.

4. The CPIO vide letter dated 03.10.2018 gave point-wise reply/information and denied the information sought on point nos. 2 and 6 of the RTI application on the ground of third-party information. The FAA vide his order dated 05.11.2018 returned the first appeal stating that CPIO's reply was not enclosed along with the RTI application.

5. The appellant and on behalf of the respondent Shri Satish Agarwal, Regional Manager and CPIO, Sarva Haryana Gramin Bank, Hissar, attended the hearing through video conferencing.

5.1. The appellant inter alia submitted that reply given by the respondent was incomplete and evasive. He further submitted that documents provided by the respondent against point no. 3 of the RTI application was not legible. Further details of NPA account of others persons were also arbitrarily denied by the respondent ignoring the larger public interest involved in this matter.

5.2. The respondent while defending their case inter alia submitted that they had already furnished point-wise reply/information to the appellant vide their letter dated 03.10.2018. They further provided legible copies of documents related to the appellant's loan account during the course of hearing. They further contended that only the information related to loan accounts of third parties were denied on the ground of third-party information exempted under section 8 (1)(j) of the RTI Act and the appellant was not anyway connected with such account.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observes that the respondent have provided point-wise reply/information to the appellant. Further, legible copies of loan Page 3 of 5 account documents pertaining to the appellant's loan account also given to him during the course of hearing. Perusal of the CPIO's reply dated 03.10.2018 reveals that they had denied the information sought on point no. 6 of the RTI application claiming third party information. It was noted that against point no. 6 of the RTI application, the appellant sought number of NPA account along with details of such NPA account. The Commission feels that no privacy of third party would be invaded if number of NPA accounts were given to the appellant. Hence, the respondent is directed to provide number of the NPA accounts as sought on point no. 6 of the RTI application excluding personal information of third party, within two weeks from the date of receipt of this order. It is further observed that appropriate reply has been given by the respondent on the remaining points and further intervention of the Commission is not required. With the above observations and directions, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सरु े शचं ा) Information Commissioner (सच ू नाआयु त) दनांक/Date: 19.01.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराममत ू M) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. SARVA HARYANA GRAMIN BANK REGIONAL OFFICE, 24-25, DEFENCE COLONY, HISAR, HARYANA THE F.A.A, SARVA HARYANA GRAMIN BANK, HEAD OFFICE, PLOT No. 1, SEC. - 3, ROHTAK - 124 001 Page 4 of 5 Naresh Kumar Page 5 of 5

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