Samir Sardana vs Punjab National Bank on 5 November, 2021

[Cites 8, Cited by 0]

Central Information Commission

Samir Sardana vs Punjab National Bank on 5 November, 2021

1. The issues under consideration i.e. the reliefs sought by the complainant in his complaint dated 26.12.2019 due to alleged non-supply of information vide his RTI application dated 15.10.2019 are as under:-

(i) Impose maximum Penalty, on the PIO under Section 20(1), of the RTI Act,2005;

(ii) Dismissal of the PIO (under the Ministry of Finance Rules and the Code of Conduct for Bank staff and other officers laid down by the Ministry of Finance) for illegal and mala fide action, and also under the Punjab National Bank Service Rules- which has several provisions for the same;

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(iii) Administrative action and/strictures, against the PIO (under Section 20(2), of the RTI Act,2005, and also under the Punjab National Bank service rules which has several provisions for the same;

(iv) Recommendation to the Ministry of Finance for administrative action and/strictures, against the PIO;

(v) Direct the Respondents to refund the Application fee paid by Complainant while submitting RTI Application, as per section (7)(6) of the RTI Act;

(vi) Invoke its powers under the RTI Act to issue any other direction or recommendation as it may deem appropriate;

(vii) Direct the public authority to make entry in Service Book/Annual Performance Appraisal Report of the Respondents for defying the provisions of the Act (under the Punjab National Bank Service Rules- which has several provisions for the same);

(viii) Compensate the Complainant.

2. Succinctly facts of the case are that the complainant filed an application dated 15.10.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, New Delhi, seeking information which is reproduced as under:

"The following information was sought from the CPIO of the bank with respect to the bank operation in the MUDRA scheme:

(i) NPAs • NPA in the 3 categories (Shishu, Kishor and Tarun) of Mudra loans o/s as at March 31, 2019, in terms of number and amount o PIO to confirm that the list of NPA Accounts by name and value and geography is available in electronic format • W.r.t. the above NPA loans in each of the 3 categories, the ageing in terms of the number of years for which the accounts are NPA (as at March 31, 2019) - by number and value Page 2 of 17 o Less than 1 year o 1 - 2 years o 2-3 years o 3-4 years • W.r.t. the above NPA loans in each of the 3 categories, the nature for the accounts which are NPA (as at March 31, 2019) by number and value o Male and Female o Minorities and Non-Minorities o SC-ST and General o OBC and General • W.r.t. the above NPA loans (as at March 31, 2019) in each of the above said 3 categories, the ageing in terms of the number of years, from when the loan was "sanctioned" (as opposed to when the loan became an NPA in point 2 above) o FY 2015 o FY 2016 o FY 2017 o FY 2018 o FY 2019 • W.r.t. the above NPA loans (as at March 31, 2019) in each of the 3 categories, the state wise distribution of the NPA is sought for the Top 15 states by value and number of NPA accounts separately for the Bank • W.r.t. the above NPA loans (as at March 31, 2019) in each of the 3 categories, the district wise distribution of the NPA is sought for the Top 15 districts by value and number of NPA accounts separately for the Bank • PIO to confirm that the eligibility condition for the Mudra loans excludes previous defaulters, from the bank within a particular time period or for a time period o In addition, if Yes, the PIO to provide the name of the technology system and platform used to verify and authenticate the same Page 3 of 17 • PIO to confirm that the eligibility condition for the Mudra loans excludes previous borrowers of Mudra loans from the bank within a particular time period or for a time period o In addition, If Yes, the PIO to provide the name of the technology system and platform used to verify and authenticate the same • PIO to confirm that the eligibility condition for the Mudra loans excludes previous borrowers of Mudra loans from other banks within a particular time period or for a time period o In, addition, If Yes, the PIO to provide the name of the technology system and platform used to verify and authenticate the same • PIO to confirm that the eligibility condition for the Mudra loans excludes previous other borrowers of Mudra loans from the bank with the same address as the proposed borrower, within a particular time period or for a time period o In addition, if yes, the PIO to provide the name of the technology system and platform used to verify and authenticate the same

(ii) Disbursals • PIO to provide the aggregate of the loan disbursals (on all India basis) in the 3 categories (Shishu, Kishor and Tarun) of Mudra loans for the last 4 financial years, in terms of number and amount • PIO to provide the aggregate of the loan disbursals (for the top 10 states by value and number of borrowers) in the 3 categories (Shishu, Kishor and Tarun) of Mudra loans for the last 4 financial years, in terms of number and amount • PIO to provide the aggregate of the loan disbursals (for the top 20 districts by value and number of borrowers) in the 3 categories (Shishu, Kishor and Tarun) of Mudra loans for the last 3 financial years, in terms of number and amount • PIO to confirm that the disbursal of Shishu loans are made on outright basis or on re-imbursement node or direct payments to suppliers/vendors o If on outright basis, PIO to confirm that the borrower has to provide proof of expenditure on self attestation basis or on declaration and/or certification Page 4 of 17 o PIO to provide the number of loan accounts for which the Bank has no proof of expenditure o PIO to provide the number of loan accounts for which the Bank has no self attested/certified proof of expenditure o PIO to provide the number of loan accounts for which the Bank has no 3rd party attested/certified proof of expenditure • PIO to confirm that the disbursal of Kishor loans are made on outright basis or on re-imbursement node or direct payments to suppliers/vendors o If on outright basis, PIO to confirm that the borrower has to provide proof of expenditure on self attestation basis or on declaration and/or certification o PIO to provide the number of loan accounts for which the bank has no proof of expenditure o PIO to provide the number of loan accounts for which the bank has no self attested/certified proof of expenditure o PIO to provide the number of loan accounts for which the bank has no 3rd party attested/certified proof of expenditure • PIO to confirm that the disbursal of Tarun loans are made on outright basis or on re-imbursement node or direct payments to suppliers/vendors o If on outright basis, PIO to confirm that the borrower has to provide proof of expenditure on self attestation basis or on declaration and/or certification o PIO to provide the number of loan accounts for which the bank has no proof of expenditure o PIO to provide the number of loan accounts for which the bank has no self attested/certified proof of expenditure o PIO to provide the number of loan accounts for which the bank has no 3rd party attested/certified proof of expenditure.

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(iii) Tarun and Kishor Loans • W.r.t the Tarun and Kishor loans, separately, the PIO to provide the details of the number and value of loans o/s as at March 31, 2019, provided to 1st time entrepreneurs for each sector (as the sector of application of loan would be stated in the application form and the Project Report) • W.r.t the Tarun and Kishor loans, separately, the PIO to provide the details of the number and value of loans o/s as at March 31, 2019, provided to Existing Businesses of entrepreneurs for each sector (as the sector of application of loan would be stated in the application form and the Project Report) • W.r.t the NPA accounts related to Tarun and Kishor loans, separately, the PIO to provide the details of the number and value of loans o/s as at March 31, 2019, provided to 1st time entrepreneurs • W.r.t the NPA accounts related to Tarun and Kishor loans, separately, the PIO to provide the details of the number and value of loans o/s as at March 31, 2019, provided to the existing business of entrepreneurs • W.r.t the Loan accounts related to Tarun and Kishor loans for 1st time entrepreneurs, separately, the PIO to provide the details of the number and value of loans o/s ,as at March 31, 2019, provided for the following purposes, as sanctioned and/or disbursed o Working Capital o Asset Creation o Operating Expense o Refinancing Interest o Marketing Expense o Maintenance costs o Offset Losses and Write Offs • W.r.t the Loan accounts related to Tarun and Kishor loans for existing businesses of entrepreneurs, separately, the PIO to provide the details of the number and value of loans o/s as at March 31, 2019, provided for the following purposes, as sanctioned and/or disbursed Page 6 of 17 o Working Capital o Asset Creation o Operating Expense o Refinancing Interest o Marketing Expense o Maintenance costs o Offset Losses and Write Offs

(iv) Proof of expenditure • PIO to confirm w.r.t the aggregate NPA loans o/s (by value) in each of the 3 loan categories (Shishu, Kishor and Tarun), as at March 31,2019, the following information o Value of disbursals for which there is no proof of expenditure at all o Value of disbursals for which there is proof of expenditure in terms of self certification only o Value of disbursals for which there is proof of expenditure in terms of 3rd party certification only o Value of disbursals for which there is proof of expenditure in terms of bills and invoices only

(v) Wilful defaulters and suits filed or recovery initiated cases • PIO to provide w.r.t the aggregate MUDRA loans o/s (by value and number) in the 3 loan categories (Shishu, Kishor and Tarun),as at March 31, 2019, declared by the bank as wilful defaulters • PIO to provide w.r.t the aggregate MUDRA loans o/s (by value and number) in the 3 loan categories (Shishu, Kishor and Tarun), as at March 31, 2019, w.r.t which the bank has initiated recovery proceedings of any sort

(vi) Technology/ERP Platforms • W.r.t the MUDRA loan disbursals made by the Bank, the PIO is to confirm the following :

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o That Each loan account is entered into the Bank's Databases and ERP with the name of borrower, address, type of loan and loan account number o PIO to provide a sample copy of the Data entry format used to make the loan disbursal entry into the Bank ERP and Bank IT Databases for each of the 3 Mudra loan types • W.r.t. the 3 types of Mudra Loans disbursed by the bank, the PIO is to provide the following data o A screen shot of 3 sample loan accounts of the 3 types of loan accounts as displayed in the loans or borrower module /section of the Banks ERP/IT databases/systems o If the bank so desires - it can blank out the names of the borrower and the address of the borrower as also the photos of the borrowers

(vii) Banks and 3rd party services • PIO to confirm that it provides assistance to MUDRA borrowers to fill in the application and prepare a Tentative or Detailed Project Report o If Yes, the PIO to provide 3 sample application forms and 3 Tentative Project Reports which the bank assisted the MUDRA borrowers to prepare in the 3 types of MUDRA loans • PIO to confirm the number and value of MUDRA loans disbursed (in the last 4 years in the aggregate) for cases wherein the MUDRA borrowers used NGOs and other agencies to prepare the application form and the Tentative or Detailed Project Report, as also, to complete other formalities with the bank, for the sanction and disbursal of the MUDRA loan o PIO to provide 3 sample application forms and 3 Tentative Project Reports which the said NGOs and other agencies, assisted the MUDRA borrowers to prepare, in the 3 types of MUDRA loans Page 8 of 17

(viii) Repeat borrowers • PIO to confirm w.r.t the aggregate loans o/s (by value) in the 3 loan categories(Shishu, Kishor and Tarun),as at March 31, 2019, the following information o Number and value of loans to repeat borrowers who made no loan defaults o Number and value of loans to repeat borrowers who made some loan defaults

(ix) Procedures • PIO to provide the loan application form and Project Report format and disbursal guidelines w.r.t the Shishu, Tarun and Kishor loans - and direct the applicant if the said information is available on an authentic mode, on a GOI portal on the web

(x) Statistics • PIO to confirm that it has information w.r.t the aggregate number of MUDRA enterprise units in operation in various districts of India, as at March 31, 2019, even on a deductive basis (id.est., assuming that the Non-

NPAs are operational enterprise units)

(xi) Audits and inspections • PIO to confirm that the Bank has carried out or funded the audit of the sanctions and disbursals of MUDRA loans by the Bank , at any time in the last 5 years o If Yes, the nature, year, scope of audit and name of audit agency o If Yes, the PIO to confirm that it has a copy of the said audit reports and that they are in e-format o If Not, the bank to provide the name of the Public Authority which has the information w.r.t the said audit, if any, carried out • PIO to confirm that the CAG has carried out the audit of the sanctions and disbursals of MUDRA loans by the Bank, at any time in the last 5 years o If Yes, the nature, year, scope of audit and name of audit agency Page 9 of 17 o If Yes, the PIO to confirm that the Bank has a copy of the said audit reports and that they are in e-format • PIO to confirm that the Bank or the disbursing bankers have used any agency or statistician to ascertain the end use of the Mudra loans in any geography in the last 5 years o If Yes, the nature, year, scope of assignment and name of agency o If Yes, the PIO to confirm that it has a copy of the said analytical or statistical reports and that they are in e-format o If Not, the Bank to provide the name of the Public Authority which has the information w.r.t the said analysis, if any, carried out

(xii) Credit insurance • PIO to confirm the aggregate credit insurance cover taken by the Bank w.r.t the o/s MUDRA loans as at March 31, 2019

(xiii) Case studies and sample credit cases • PIO to confirm that the Bank has made case studies on varied enterprise business models for each district or other geography of India, along with tie ups with suppliers, vendors, training companies and video and audio kits for the same o If Yes, PIO to confirm that all the said data is in e-format If Yes, PIO to confirm that all the said data is available on the web on an authenticated source of the GOI"

The CPIO did not give any reply. Dissatisfied with the same, the complainant filed first appeal dated 23.12.2019. The complainant without waiting for the order of the FAA filed a complaint dated 26.12.2019 before the Commission which is under consideration.

3. The complainant has filed the instant complaint dated 26.12.2019 inter alia on the grounds that the CPIO did not give any reply to the RTI application which was deemed rejection under section 7 (2) of the RTI Act. The complainant requested the Commission to to take necessary action as per Section 20 (1) of the RTI Act.

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4. As per the records submitted by the complainant for filing of complaint dated 26.12.2019, it was revealed that the CPIO as well as the FAA did not give any reply or information.

Hearing on 17.08.2021 4.1. The complainant and on behalf of the respondent Shri Ashok Kumar Mishra, CPIO and Deputy General Manager and Shri Jaseem Siddiqui, Chief Manager(Law), Punjab National Bank, Delhi, attended the hearing through video conference.

Interim order dated 31.08.2021 4.2. The Commission has passed the following observations and directions on 31.08.2021 "6.5 The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that no reply was given by the respondent in response to the RTI application dated 15.10.2019 so far in spite of almost two years having elapsed from the date of filing the RTI application. Further, perusal of the records including the dispatch details revealed that the hearing notice for the hearing of the instant complaint was dispatched on 20.07.2021. However, the respondent made no efforts to obtain a copy of the RTI application from either the complainant, the web portal of the CIC or the Registry of this Bench. This reflects their casual and callous attitude towards both the RTI Act as well as the Commission. In view of the above, Shri Ashok Kumar Mishra, present CPIO and the then CPIO (as on 15.10.2019) are show caused as to why penalty as per section 20 (1) of the RTI Act may not be imposed upon each of them for not responding to the RTI application within stipulated time. Shri Ashok Kumar Mishra is given the responsibility to serve a copy of this order upon the then CPIO and secure his written explanations as well as his attendance on the next date of hearing i.e. on 28.09.2021. All written submissions must be uploaded on the Commission's web portal within 21 days. The matter is posted to 28.09.2021."

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Hearing on 28.09.2021

5. The complainant attended the hearing through video conference and on behalf of the respondent Shri Ashok Kumar Mishra, Dy. General Manager & CPIO, Shri S.S. Yadav, Retired Dy. General Manager, Shri Sudhir Sharma, Retd. Dy. General Manager, Shri Jaseem Siddiqui, Chief Manager-Law, Shri Kunal Chauhan, Law Officer, Punjab Nation Bank, New Delhi attended the hearing in person.

5.1. The complainant inter alia submitted that he had received CPIO's reply dated 20.09.2021, but the same as incomplete and evasive. He further submitted that most of the information sought was denied on the pretext of section 2 (f) and 7 (9) of the RTI Act. He alleged that the respondent failed to provide specific reasons or rationale while refusing the information. The complainant further submitted that the respondent had not provided complete information within the stipulated time. The complainant argued that the information was sought in the interest of transparency, accountability and larger public interest. Therefore, the same should have been provided within the stipulated time. Accordingly, he requested the Commission to impose maximum penalty on the concerned CPIO for providing mala fide, incomplete and evasive delayed reply and direct the respondent to provide complete information. 5.2. The respondent while defending their case inter alia submitted that RTI application as well as the first appeal was not received by them, hence, reply to the same could not be given within the stipulated time. However, in compliance of the order dated 31.08.2021 of the Commission, they had obtained the RTI application and relevant documents from the Commission and provided point-wise information/reply to the complainant vide letter dated 20.09.2021 and the same is produced as under:-

"NPA in the 3 categories (Shishu, Kishor and Tarun)  Copy enclosed as Annexure 1  The query raised is not "information" under Right to Information act 2005.

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Disbursals  Copy enclosed as Annexure A.  The query raised is not "Information" under Right to Information act 2005.  Information asked is not available in the record in the form and format it is asked and compilation of the same will divert the resources of the bank disproportionately. Hence cannot provide under section 7(9) of the Right to Information Act, 2005.

 The query raised is not "Information" under Right to Information act 2005.  Information asked is not available in the record in the form and format it is asked and compilation of the same will divert the resources of the bank disproportionately. Hence cannot provide under section 7(9) of the Right to Information Act, 2005.

Tarun and Kishor loans  Query raised is not clear and vague.

 Information asked is not available in the record in the form and format it is asked and compilation of the same will divert the resources of the bank disproportionately. Hence cannot provide under section 7(9) of the Right to Information Act, 2005.

 Information sought is enclosed as Annexure B.  For rest of categories Information asked is not available in the record in the form and format it is asked and RTI act does not require the CPIO to create information. Moreover compilation of the same will divert the resources of the bank disproportionately. Hence cannot provide under section 7(9) of the Right to Information Act, 2005.

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Proof of expenditure  Information asked is not available in the record in the form and format it is asked and RTI act does not require the CPIO to create information. Moreover compilation of the same will divert the resources of the bank disproportionately. Hence cannot provide under section 7(9) of the Right to Information Act, 2005.

Wilful Defaulters and Suits Filed or Recovery initiated cases  No such information available on record.

Technology/ ERP Platforms  The query raised is not "Information" under Right to Information act 2005.  Bank unified software for retail as well as MSME loan. There is no specific specimen for mudra loan.

 Information asked is not available in the record in the form and format it is asked and RTI act does not require the CPIO to create information. Moreover compilation of the same will divert the resources of the bank disproportionately. Hence cannot provide under section 7(9) of the Right to Information Act, 2005.

Banks and 3rd party services  The query raised is not "Information" under Right to Information act 2005.  No such information held on record.

Repeat Borrowers  The query raised is not "Information" under Right to Information act 2005.

Procedures  Application form for MUDRA loan is enclosed. Project report is submitted by applicant as per proposed activity.

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Statistics  All the data regarding Mudra Loan sanction, disbursement, outstanding, NPA are being uploaded by banks on website. www.mudra.org.in on periodic basis as per Government guidelines. We have already uploaded above data till 31.03.2021 on above mentioned website.

Audits and Inspections  The query raised is not "Information" under Right to Information act 2005.

Credit Insurance  No aggregate insurance is being taken by the bank for credit facility. However every credit facility where asset is hypothecated to bank is to be insured comprehensively as per bank clause.

Case Studies and Sample Credit cases  The query raised is not "Information" under Right to Information act 2005."

Further, they tendered unconditional apology for the inconvenience caused to the complainant as well as the Commission. It was stated that they had full faith and regard for the Commission and had no intention what-so-ever to show any kind of disrespect or willful disobedience towards the Hon'ble Commission. They stated that written explanations of both the CPIOs in response to the show cause notices were submitted on web portal of the Commission. They stated that they had acted in good faith without having any mala fide and accordingly requested the Commission to drop the penalty proceedings.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that point-wise information/reply was given by the respondent vide letter dated 20.09.2021. The respondent during the course of hearing submitted that the RTI application as well as the first appeal was not received by them, hence, reply to the same could not be given within the stipulated time. The Page 15 of 17 respondent have submitted detailed written explanations in response to the show cause notices. It was also submitted that most of the information sought by the complainant was not specific, definite, inquiry form and it was not maintained by the respondent bank in the form it was sought. Hence, they expressed their inability to provide the information under section 2 (f) and section 7 (9) of the RTI Act. It appears that there was no mala fide on part of the respondent and there was no conscious or deliberate attempt to withhold the information sought by the appellant. The High Court of Delhi in the decision of Col.

Rajendra Singh v. Central Information Commission and Anr. WP (C) 5469 of 2008 dated 20.03.2009 had observed as under:

"Section 20, no doubt empowers the CIC to take penal action and direct payment of such compensation or penalty as is warranted. Yet the Commission has to be satisfied that the delay occurred was without reasonable cause or the request was denied malafidely.

......The preceding discussion shows that at least in the opinion of this Court, there are no allegations to establish that the information was withheld malafide or unduly delayed so as to lead to an inference that petitioner was responsible for unreasonably withholding it."

Further, in view of the above it is observed that the respondent explained the delay which is reasonable and in the absence of any mala fide on part of the respondent, it would not be appropriate to impose a penalty on them. Accordingly, the Show Cause Notice issued to Shri Ashok Kumar Mishra, present CPIO and the then CPIO (as on 15.10.2019), are hereby dropped. With the aforementioned observations, the complaint is rejected.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date: 03.11.2021 Authenticated true copy आर. सीताराम मूत ) R. Sitarama Murthy (आर.

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Dy. Registrar (उप पंजीयक) 011-26181927((०११-२६१८१९२७) Addresses of the parties:

CPIO :

PUNJAB NATIONAL BANK MANAGEMENT AUDIT & REVIEW DIVISION (RIGHT TO INFORMATION CELL) 2ND FLOOR, EAST WING (A), PLOT NO. 4, SECTOR - 10, DWARKA, HO: NEW DELHI - 110 075 THE FIRST APPELLATE AUTHORITY, PUNJAB NATIONAL BANK, MANAGEMENT AUDIT & REVIEW DIVISION (RIGHT TO INFORMATION CELL) 2ND FLOOR, EAST WING (A), PLOT NO. 4, SECTOR - 10, DWARKA, HO: NEW DELHI -110 075 CPIO : 1. SH. ASHOK KUMAR MISHRA PUNJAB NATIONAL BANK, MANAGEMENT AUDIT & REVIEW DIVISION (RIGHT TO INFORMATION CELL) 2ND FLOOR, EAST WING (A), PLOT NO. 4, SECTOR - 10, DWARKA, HO: NEW DELHI - 110 075

2. SH. ASHOK KUMAR MISHRA (C.P.I.O) PUNJAB NATIONAL BANK, MANAGEMENT AUDIT & REVIEW DIVISION (RIGHT TO INFORMATION CELL) 2ND FLOOR, EAST WING (A), PLOT NO. 4, SECTOR - 10, DWARKA, HO: NEW DELHI - 110 075 (FOR FORWARDING TO THE THEN C.P.I.O AS ON 15-10-2019) SH SAMIR SARDANA Page 17 of 17

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