Akshay Rohilla vs State Bank Of India on 21 October, 2021

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Central Information Commission

Akshay Rohilla vs State Bank Of India on 21 October, 2021

1. The issues under consideration arising out of the second appeal dated 13.06.2019 include non-receipt of the following information raised by the appellant through the RTI application dated 02.07.2018 and first appeal dated 30.11.2018:-

(i) Provide the detailed and complete information of incidents and accidents whether minor, major, extreme or of any category happened in the SBI Bank Branches due to fire only in the District or North-West Delhi from the year 2009 till date if don't have complete details about the incident then who is responsible for not providing the complete information and details about the incident of fire taken place in the SBI Bank branches?

(ii) Provide the complete evidence and copies of the documents like copies of the complaint (With proper Date and Time) made by the respective officers of the Page 1 of 5 SBI Bank branches to intimate the seniors and other authorities as per the procedure or rule given them to be followed by the Head Office of the SBI Bank and by then Rules and procedure given by the Reserve Bank of India about the incident taken place due to fire in their respective bank branches of North-

West Delhi district from the year 2009 till date and if any complaint not made then why, what are the reasons for it?

(iii) Copies of the complaint (First Information Report) made to Police to report the incident happened due to fire only in North-West Delhi district from the year 2009 till date with FIR Copy and with exact Date and Time to be mentioned in the reply and if any complaint not made as per the rules and regulations given by the SBI Head Office and by the Reserve Bank of India or any other respective authority, then why, what are the reasons for it?

(iv) Copies and number of the complaint made to Fire Brigade to report the incident happened due to fire only with proper date and time to be mentioned in the reply in North-West Delhi district from the year 2009 till date and if any complaint not made as per the rules and regulations given by the SBI Head Office and by the Reserve Bank of India or any other respective authority, then why, what are the reasons for it?

(v) Name of the persons who was responsible for the incident and action taken against him/her with complete details and copies of the orders made against him/her?

(vi) Provide the complete details and information about the incident in which any type of customer's documents loss happened or destroyed by the incident of the fire from the year 2009 till date in any of the SBI Bank branches in the North- West Delhi.

(vii) Provide the complete details and reasons about the change in the address taken place of the any SBI Bank branches due to shifting from one place to another Page 2 of 5 within the same city or town from the year 2009 till date and if shifted the address without any valid reason then why? Clarify with whose permission the address of the respective bank branch changed/Shifted or by which rule?

(viii) Please provide complete details of any incident in which in any type of customer's related documents lost happened in the SBI Bank Branches situated in North-West Delhi , during the procedure of shifting bank branches from one place to another within the same city or town from the year 2009 till date and if shifted the address without any valid reason then why and complete details of the person or officer who was responsible for the customer's related document and complete details of the action taken against him/ her ?

(ix) Provide the complete details of any incidence of the SBI Bank Branches situated in North-West Delhi in which any type of customer's related documents lost happened from the year 2009 till date and also provide the complete details of the person who was responsible for that incident and complete details and copies of the action taken against him/her?

2. Succinctly facts of the case are that the appellant filed an application dated 02.07.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, New Delhi, seeking aforesaid information. The CPIO vide letter dated 01.09.2018 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 30.11.2018 The First Appellate Authority (FAA) vide order dated 18.12.2018 disposed of the first appeal. Aggrieved by the same, the appellant filed a second appeal dated 13.06.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 13.06.2019 inter alia on the grounds that reply given by the CPIO was not satisfactory; that the respondent was under an obligation to provide the information without citing any reasons or clarification. The Page 3 of 5 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 01.09.2018 and the same is reproduced as under :-

"i. No fire incident had been replaced by SBI Branches under District of North-West Delhi since 2009.

ii. No complaint made by any officers of SBI Bank Branches of District of North-West Delhi since 2009.

iii. No FIR made to police since 2009 from any branches under District of North- West, Delhi.

iv. No complaint made to Fire Brigade since 2009.

v. In the absence of any incident since 2009, no person was held responsible.

vi. Not a single customer documents was lost from any of the SBI in the North West Delhi District Branched since 2009 because of fire incident.

vii. The information sought by you is in nature of reasons and clarifications. Hence, not covered within the ambit of information under section 2 (f) of the RTI Act.

viii. The information sought by you will be provided soon.

ix. The information sought by you will be provided soon."

The FAA vide order dated 18.12.2018 held that the no information was provided in response to point nos (viii) and (ix) of the RTI application and directed the CPIO to give suitable reply in response to the same. In compliance of the FAA's order, the CPIO re-visited the RTI application and replied on 03.01.2019 and the same is reproduced as under:

"The first part of information incidents in which any type of customers' related documents lost in bank's branches during process of shifting branches from one place to another is not available. The information has been sought from respective controllers to furnish number of such cases. The second part of information sought by you (details of the person or officer responsible for the customer related document Page 4 of 5 and complete details of action taken against him/her) is exempted under section 8 (1)

(j) of the RTI Act 2005 being information related to third party."

5. The appellant as well as respondent remained absent.

6. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that due reply was given by the CPIO vide letters dated 01.09.2018 and 03.01.2019. Moreover, the appellant could not bring out any legally sustainable grounds in his second appeal justifying and seeking intervention of the Commission. Perusal of the RTI application also revealed that most of the points in the RTI application were in the nature of queries and were hypothetical in nature. In absence of both the parties and the matter not being pressed for, there appears to be no public interest in further prolonging the matter. 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: 20.10.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO : STATE BANK OF INDIA PREMISES & ESTATE DEPTT., LOCAL HEAD OFFICE, 5TH FLOOR, 11, SANSAD MARG, NEW DELHI - 110 001 THE FIRST APPELLATE AUTHORITY, GENERAL MANAGER (NW-1), STATE BANK OF INDIA, LOCAL HEAD OFFICE, 11, SANSAD MARG, NEW DELHI - 110 001 SH. AKSHAY ROHILLA Page 5 of 5

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