Vetrivel S vs Canara Bank on 21 March, 2022

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Central Information Commission

Vetrivel S vs Canara Bank on 21 March, 2022

1. The issues under consideration i.e. the reliefs sought by the complainant in the complaint dated 14.10.2019 due to alleged non-supply of information vide RTI application dated 21.08.2019 are as under:-

(i) To impose maximum penalty on the concerned CPIO as per section 20 (1) of the RTI Act.

(ii) To direct the public authority to award compensation.

(iii) To recommend disciplinary action against the erring officials as per the provisions of section 20 (2) of the RTI Act.

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2. Succinctly facts of the case are that the complainant filed an application dated 21.08.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Canara Bank, Vellore, Tamil Nadu, seeking following information:

The complainant sought information against SB A/c No. **********285 which is in Ratnagiri Branch, Vellore District.

(i) What is the opening date of SB A/c No. **********285.

(ii) Whether SB A/c No. **********285 is still in operation or closed.

(iii) If the SB A/c No. **********285 is not functioning i.e. closed then furnish what is date of closing.

(iv) Whether SB A/c No. **********285 is maintained by single person or joint.

(v) The name of beneficiaries of SB A/c No. **********285 even if the A/c is closed.

(vi) What is effective date of core banking i.e. computerized the S B A/c No. **********285.

(vii) PDF of complete credit/debit transaction statement of SB A/c No. *********285 since date core banking to till date through RTI online even if the A/c was closed.

(viii) Copies as required of credit/debit transaction statement of SB A/c No. **********285 from the date of opening to date of core banking even if the account is closed.

The CPIO vide letter dated 16.09.2019 replied to the complainant. Aggrieved by the same, the complainant filed a complaint dated 14.10.2019 before the Commission which is under consideration.

3. The complainant has filed the instant complaint dated 14.10.2019 inter alia on the grounds that reply given by the CPIO was not satisfactory.

4. The CPIO vide letter dated 16.09.2019 replied that disclosure of information including commercial confidence, trade secret and information available to a person in his fiduciary relationship were exempted under section 8 (1) (d) & (e) of the RTI Act, 2005.

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5. Both the parties remained absent despite written notice.

6. The Commission after adverting to the facts and circumstances of the case and perusal of records, noted that the complainant sought information regarding an account in the name of a temple and he was not related to the said account. The respondent denied the information on the ground of third party information, held by the bank in fiduciary capacity and disclosure of which was exempted under section 8 (1) (d) & (e) of the RTI Act. Perusal of the records reveals that it was not the case of non-response by the CPIO. The complainant as well as the respondent failed to respond to the hearing notice dated 09.02.2022 and remained absent. In the absence of written objections filed by the complainant, the reasons as to why the reply given by the respondent were not sustainable in the eyes of law, could not be ascertained. Presumption is in favour of the legality of the reply given by the respondent unless rebutted. Accordingly, no mala fide is attributable on part of the respondent and the complaint is rejected.

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

Sd/-

(Suresh Chandra) (सुसुरेश चं ा) ा Information Commissioner (सूसूचना आयु ) दनांक/Date: 17.03.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO: CANARA BANK, REGIONAL OFFICE, 92, 92P 6TH WEST CROSS STREET, KALINJUR ROAD VIRUDHAMPET (OPP TO INDIAN OIL PETROL BUNK) VELLORE-632006 SH. VETRIVEL S Page 3 of 3

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