K Madhavan vs United Commercial Bank (Uco) on 16 February, 2023

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Central Information Commission

K Madhavan vs United Commercial Bank (Uco) on 16 February, 2023

1. The issue under consideration arising out of the second appeal dated 05.04.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 25.01.2021and first appeal dated 04.03.2021:-

FDRs in question:-

Sl. No. Date FD receipt no In favour of Amount FDRs Ref no. under lien)

1. 21.10.1998 396642/122/98-99 Pioneer erectors Rs.8158/- R.No.:14/VII/ L.No:204/I

2. 21.10.1998 396643/123/98-99 - do- Rs.14570/- R.No.:14/VII/L.No:204/I 3 21.10.1998 396644/124/98-99 - do - Rs.20092/- R.No.:14/VII/ L.No:204/I

4. 21.10.1998 396645/125/98-99 - do - Rs.31490/- R.No.:14/VII/ L.No:204/I

5. 12.03.1999 396944/431/98-99 - do - Rs.250632/ R.No.:66/8/ L.No:22/4

6. 06.04.2000 181661/2/2000- 2001 - do - Rs.15000/- R.No.VIII/9/LNo.III/135 (TNPL-EMD)

7. 24.11.1998 396706/274/98-99 Pioneer erectors pvt Rs.53450/- R.No.33/8/L.No. 212/III ltd Total Rs.3,93,392/-

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(i) Advise the date of payment of 7 FDRs in question

(ii) Date of credit of maturity proceeds to our current account

(iii) Supply extracts of FDR registers (old accounting system / under CBS), bank guarantee registers and overdue deposit / unclaimed deposit data in respect of the above

(iv) Advise the date of invocation of the bank guarantees by the beneficiaries, if the maturity proceeds were not credited to our account together with the details of payments made to the beneficiaries

(v) Advise the mode of disposal / payment of the term deposits in question which were not reportedly alive at the time of migration to CBS.

2. Succinctly facts of the case are that the appellant filed an application dated 25.01.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), UCO Bank, Chennai, seeking aforesaid information. The CPIO vide letter dated 26.02.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 04.03.2021. The First Appellate Authority (FAA) vide order dated 18.03.2021 disposed of the first appeal. Aggrieved bythat, the appellant filed second appeal dated 05.04.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 05.04.2021inter 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 26.02.2021 and the same is reproduced as under:-

"As the information sought for by you is dated back to the years 1998, 1999 and 2000 the same is not available at our end."

The FAA vide order dated 18.03.2021concured with the reply given by the CPIO.

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5. The appellant represented by Shri T G Verman and on behalf of the respondent Shri K G Manu, Chief Manager, United Commercial Bank, Chennai, attended the hearing through video conference.

5.1. The appellant inter alia submitted that desired information was not provided by the respondent till the date of hearing.

5.2. The respondent while defending their case inter alia submitted that information sought was more than 20 years old and during that period records were maintained manually. Therefore, they expressed their inability to provide the information as the same was not available with them.

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 replied that information sought was more than 20 years old and the same was not available with them. In view of the above, the respondent is directed that the relevant records be searched once again and if the same may not be located in that eventuality an affidavit may be filed before the Commission affirming that the information sought is not available with them, a copy of that affidavit be made available to the appellant within three weeks from the 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/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 15.02.2023 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 UCO Bank Zonal Office Thambu Chetty Street Chennai- 600001 First Appellate Authority UCO Bank Zonal Office Thambu Chetty Street Chennai- 600001 Shri K Madhavan Page 4 of 4

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