Sudesh Kumar vs Central Bank on 1 August, 2022

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Central Information Commission

Sudesh Kumar vs Central Bank on 1 August, 2022

1. The issue under consideration arising out of the second appeal dated 23.06.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 16.03.2020 and first appeal dated 13.04.2020:-

(i) "Inform the date on which Central Bank of India, Patel Nagar Branch informed Central Bank of India, Vikas Sadan Branch, New Delhi about the deposit of challan No. 011271 dated 25.07.2003 for Rs. 78,359/-.

(ii) Provide the copy of statement/letter or any other instrument by which Central Bank of India, Patel Nagar Branch informed Central Bank of India, Vikas Sadan Branch about the deposit of Challan no. 011271 dated 25.07.2003 for Rs. 78359/-.

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(iii) Inform the date on which Central Bank of India, Vikas Sadan Branch informed DDA about deposit of the challan no. 011271 dated 25.07.2003 for Rs. 78359/-.

(iv) Provide the copy of statement/letter or any other instrument by which it was informed to DDA about the deposit of challan no. 011271 dated 25.07.2003 for Rs. 78359/-.

(v) Provide the copy of acknowledgement, if any, obtained/received from DDA."

2. Succinctly facts of the case are that the appellant filed an application dated 16.03.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Bank of India, New Delhi, seeking aforesaid information. The CPIO vide letter dated 30.03.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 13.04.2020. The First Appellate Authority (FAA) vide order dated 11.05.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 23.06.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 23.06.2020 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 30.03.2020 stated that the information sought pertained to period more than 10 years old and the same did not fall under the nature of records that were to be preserved permanently. As per Banking Companies (Period of Preservation of Records) Rules, 1985 clause 3, banking companies were supposed to maintain and preserve records for maximum of ten years only other than those which were identified as "Records to be preserved permanently". Therefore the information sought could not be supplied. The FAA vide order dated 11.05.2020 upheld the reply of the CPIO.

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5. The appellant Mr. Sudesh Kumar and on behalf of the respondent Mr. Devesh Kumar Gupta, Chief Manager and Mr. Kunal Prashant, Central Bank of India, Delhi, attended the hearing in person.

5.1. The appellant inter alia submitted that he had deposited challan no. 011271 dated 25.07.2003 for Rs. 78,359/- with Central Bank of India, Patel Nagar Branch in favour of Delhi Development Authority for allotment of flat. He further stated that the account of DDA was with Central Bank of India, Vikas Sadan Branch. Therefore, he sought information about the letter/statement through which Patel Nagar Branch intimated Vikas Sadan Branch about the deposit of challan. He pleaded that the DDA had sought a certificate/affidavit from the bank stating that they had weeded out the statements regarding the challan deposited by him in 2003.

5.2. The respondent while defending their case inter alia submitted that the appellant had no evidence of depositing the challan with their bank in 2003. Moreover, there were no records as stated by the appellant in the RTI application. They further pleaded that they were not in a position to certify that he had deposited challan no. 011271 without any evidence. since it would indirectly result in affirmation of the fact that he had issued draft in favour of DDA. Therefore, they had replied to the appellant that overall documents of the period 2003 had been weeded out and in absence of copy of the challan or any other document submitted by the appellant, they could not affirm as to whether the weeded out records consisted of the challan no. 011271, as claimed by the appellant.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that as per the plea taken by the respondent their retention policy did not cover challans documents to be permanently preserved and, therefore, they were unable to confirm as to whether challan no. 011271 was deposited and, if so, as to whether the same was weeded out or not. During the course of hearing, the appellant denied to be in possession of copy of the challan or any other slip/document confirming deposit of Rs. 78,359/- with Central Bank of India, Patel Nagar Branch in favour of Delhi Development Authority. That being so, and the appellant having failed to produced a copy of the challan may not shift the burden of Page 3 of 4 proof from himself onto the bank. Moreover, the appellant has raised a request seeking challan after 17 years of its deposit, whereas the respondent has pleaded to have weeded out all records of that nature as per Banking Companies (Period of Preservation of Records) Rules, 1985. Besides, the respondent reiterated that they had no records of deposit challan no. 011271 dated 25.07.2003. In view of the above, the respondent may file an affidavit before the Commission affirming the aforementioned facts in light of the submissions made during the course of hearing, and provide a copy of the same to the appellant within three weeks from date of receipt of this order. With these observations and directions, the appeal is disposed of.

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: 29.07.2022
Authenticated true copy

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

Addresses of the parties:
CPIO:
Senior Regional Manager
Central Bank of India
Sorabji Bhawan, Plot No. 04,
Block No. 54, Deshbandhu Gupta Road,
New Delhi - 110005

The First Appellate Authority
Field General Manager
Central Bank of India
Sorabji Bhawan, Plot No. 04,
Block No. 54,
Deshbandhu Gupta Road,
New Delhi - 110005

Sudesh Kumar



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