Kavita Chowdhary vs Canara Bank on 31 October, 2023

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Central Information Commission

Kavita Chowdhary vs Canara Bank on 31 October, 2023

1. The issue under consideration arising out of the second appeal dated 07.07.2023 include non-receipt of the following information sought by the appellant through the RTI application dated 15.03.2023 and first appeal dated 02.05.2023:-

Requesting to provide the information as per particulars furnished here in below.

1. Fate/date and time of the return of the cheque no. 046382 dated 03/03/2018 for Rs.11,36,868/- and cheque no.046381 dated 03/03/2018 for Rs.94,73,900/- both drawn in favour of me (Priya Chowdhary) on Vijaya Bank, SSI Branch, Noida and deposited with Maharani Bagh Branch, Ashram Chowk Branch of Canara Bank on 29/05/2018 for clearing.

The information sought is not covered under the categories which are exempted from disclosure of information under section 8 or section 9 of the Right to Information Act, 2005 and to the best of my knowledge it is pertaining your department.

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2. Succinctly facts of the case are that the appellant filed an application dated 15.03.2023 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) Canara Bank, Delhi seeking aforesaid information. The CPIO vide letter dated 13.04.2023 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 02.05.2023. The First Appellate Authority (FAA) vide order dated 31.05.2023 replied to appellant and disposed of the appeal. Aggrieved by that, the appellant filed second appeal dated 07.07.2023 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 07.07.2023 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 13.04.2023 is reproduced as under:

"This is with reference to your application received under RTI 2005. On perusing the application, we have noted that you have requested for certain information regarding cheque no.046382 & 046381. On perusing your application and details/information received from the concerned Branch, we wish to submit as under:

The Information sought by you does not fall under Sec 2(f) of RTI Act. Hence, we are unable to provide the information.

The FAA vide order dated 31.05.2023 upheld CPIO'S reply.

5. The appellant and on behalf of the respondent Shri Arjun Malik, Advocate, on behalf of Canara Bank, Delhi, attended the hearing in person.

5.1. The appellant inter alia submitted that she sought information regarding his cheque which was presented in the respondent bank. She further submitted that specific information was not given regarding date of presentation and returning of cheque. She contended that after 15 days cheque was returned and due to which she suffered loss and therefore sought aforesaid information. However, the respondent had not provided the information till the date of hearing.

5.2. The respondent while defending their case inter alia submitted that information sought by the appellant did not fall within the definition of "information" as defined under section 2(f) Page 2 of 4 of the RTI Act. They further submitted that the appellant's cheque was returned and returned memo was also given by the bank.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the respondent had denied the information by claiming that the information sought is not fall within the ambit of section 2 (f) of the RTI Act. The appellant had asked Fate/date and time of the return of the cheque no. 046382 dated 03/03/2018 for Rs.11,36,868/- and cheque no.046381 dated 03/03/2018 for Rs.94,73,900/-. The public authority to whom the cheques were presented would have brought out clearly as to what action taken thereupon. In their reply neither they have revealed that the cheques have returned nor they had informed as to what was the remark made while returning the cheques if so. It may not be out of place to mention that the very objective of the RTI is to bring transparency and accountability. It may not be out of place to mention that an exercising of powers by the public authority in opaque manner is against the principles of reasonableness. The appellant had exhausted the 1st appeal also and till the information was not provided. In view of the above, Shri Pamkaj Kumar, the then CPIO as well as present CPIO are show caused as to why penalty under section 20 (1) of the RTI Act may not be imposed upon each of them for not furnishing the requisite information. The present CPIO 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. All written submissions may be uploaded on the Commission's web portal within 21 days. Further, the respondent is directed to revisit the RTI application and provide revised point-wise information to the appellant within three weeks from the date of receipt of this order.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 31.10.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Page 3 of 4 Addresses of the parties:

The CPIO Canara Bank, Regional Office, South Delhi, 1st Floor, DDA Building, Vardhaman Trade Centre, Nehru Place, New Delhi-110019 (Shri Pankaj Kumar, present CPIO as well as the then CPIO is requested to provide written explanations on receipt of the order) First Appellate Authority Canara Bank, Legal Cell, Recovery Section, South Regional Office, 1st Floor, DDA Building, Vardhaman Trade Centre, Nehru Place, New Delhi - 110019 Shri Pankaj Kumar, present CPIO Canara Bank, Regional Office, South Delhi, 1st Floor, DDA Building, Vardhaman Trade Centre, Nehru Place, New Delhi-110019 Ms Kavita Chowdhary, Page 4 of 4

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