Central Information Commission
Mrkuldeep Dhaliwal vs Canara Bank on 8 July, 2016
Central Information Commission, New Delhi
File No. CIC/SH/A/2015/000959
File No. CIC/SH/A/2015/001594
Right to Information Act2005Under Section (19)
Date of hearing : 8th July 2016
Date of decision : 8th July 2016
Name of the Appellant : Shri Kuldeep Dhaliwal
M/s Generation Next Gurukul Educational
Society, Dhaliwal House, Old City,
Kotkapura, DisttFaridkot, Punjab 151204
Name of the Public : Central Public Information Officer,
Authority/Respondent Canara Bank
Circle Office, Plot No. 1, Sector 34/A, Chandigarh 160022 The Appellant was not present.
On behalf of the Respondents, Shri Ravi Kumar, AGM was present at the NIC Studio, Chandigarh Information Commissioner : Shri Sharat Sabharwal These files contain appeals in respect of the RTI applications dated 14.11.2014 and 4.3.2015, filed by the Appellant, seeking the following information: RTI application dated 14.11.2014 "1. Please provide the certified true copy of provisions by virtue of which notice u/s 13 (4) of SARFAESI Act'02 can be issued twice.
File No. CIC/SH/A/2015/000959
2. Please provide the certified true copy of the documents by virtue of which property comprised in Khasra # 438/20/2/1/10, 438/20/2/2/28, Khatoni# 606, Khewat # 261 is mortgaged to the Bank in A/C M/s Generation Next Gurukul Educational Society."
RTI application dated 4.3.2015 "Please provide the certified true copy of provisions by virtue of which notice u/s 13 (2) of SARFAESI Act'02 can be issued multiply."(sic)
2. Not satisfied with the response of the Respondents, the Appellant has approached the CIC in second appeal in both the cases.
3. Speaking of both the RTI applications, the Respondents drew our attention to the CPIO's reply dated 15.4.2015 to the RTI application dated 4.3.2015. In this reply, the CPIO informed the Appellant that the Faridkot branch of the Respondents had issued a demand notice under Section 13 (2) of the SARFAESI Act on 4.8.2014. By oversight, the description of the property was mentioned wrongly in the said demand notice. In view of the above, the branch withdrew the said notice and issued a public notification to this effect on 30.11.2014. The CPIO enclosed a copy of the above public notification. He also stated that after withdrawal of the earlier notice, a fresh notice was issued on 12.1.2015 and the same was well within the provisions of the law.
4. We have considered the records and the submissions of the Respondents and note that the clarification provided by the CPIO in his above mentioned reply dated 15.4.2015, together with his reply to point No. 2 of the RTI Application dated 14.11.2014 File No. CIC/SH/A/2015/000959 vide his letter dated 24.12.2014, answers the queries raised by the Appellant in both the RTI applications.
5. In view of the foregoing, we find no substance in the two appeals and these are dismissed.
6. Copies of this order be given free of cost to the parties.
Sd/ (Sharat Sabharwal) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar File No. CIC/SH/A/2015/000959