J. O. Vashistha vs State Bank Of India on 13 September, 2021

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Central Information Commission

J. O. Vashistha vs State Bank Of India on 13 September, 2021

1. The issues under consideration arising out of the second appeal dated 17.04.2019 include non-receipt of the following information raised by the appellant through his RTI application dated 10.02.2019 and first appeal dated 05.03.2019:-

 That Shri O.P. Vashistha retired from Railway service as Mail-Express Train Guard from Gandhidham (Kuch) & they are getting pension every month from SBI Main Branch Gandhidham. Please provide me information:

(i) Inform Shri O.P. Vashistha S.B. account number.

(ii) Every month how much pension is credit in their account same may please inform.

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(iii) From the year-2006 i.e. 01.01.2006 to 31.01.2019 how many pension is credit in his account same may please inform.

2. Succinctly facts of the case are that the appellant filed an application dated 10.02.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, Gandhidham, seeking aforesaid information. The CPIO vide letter dated 21.02.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 05.03.2019 The First Appellate Authority vide order dated 10.04.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed a second appeal dated 17.04.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 17.04.2019 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 dated21.02.2019 that the information sought by him was related to third party, which was in the nature of personal information available in fiduciary relationship with the bank's constituents, the disclosure of which would cause unwarranted invasion of the privacy of the individuals. Moreover, no larger public interest warrants the disclosure of such information, therefore, its disclosure was exempted u/s 8(1) (d), (e) & () of the Act. The FAA concurred with the decision taken by the CPIO.

5. The appellant and on behalf of the respondent Shri Shankar Iyer, Regional Manager, State Bank of India, Kutch attended the hearing through video conference.

5.1. The appellant inter alia submitted that he was one of the legal heirs to the account holder of the account mentioned in the RTI application and requested the Commission that the benefits of the account be credited into his wife's account.

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5.2. The respondent while defending their case and endorsing their reply dated 21.02.2019 inter alia submitted that the account belonged to his father Shri O.P. Vashistha who was alive and had not given any instructions for disclosure of the information. Besides, the appellant had brothers and two sisters who were also claimants in the case. Further, the appellant had also requested that the benefits attached to the Jan Dhan category account be credited into appellant's wife's account, however, the same was not within the purview of the RTI Act.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observes that due reply was given by the CPIO on 21.02.2019. Further, in absence of the authorization letter or any consent from the account holder, the reply given by the respondent is found sustainable in the eyes of law. That being so, there appears to be no public interest in further intervention in 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: 13.09.2021 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 REGIONAL BUSINESS OFFICE - 04, 1ST FLOOR, KSEZ BRANCH, GANDHIDHAM (KUTCH) - 370 201 THE FIRST APPELLATE AUTHORITY, GENERAL MANAGER (NW-III), STATE BANK OF INDIA, 6TH FLOOR, LOCAL HEAD OFFICE, BHADRA, AHMEDABAD, GUJARAT - 380 001 Page 3 of 4 SH. J. O. VASHISTHA Page 4 of 4

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