Central Information Commission
Gautam Chander vs State Bank Of Patiala on 17 July, 2018
CENTRAL INFORMATION COMMISSION
Room No. 302, CIC Bhawan, Baba Gang Nath Marg,
Munirka, New Delhi-110067
Decision No. CIC/SBPAT/A/2017/121475 Dated 13.07.2018
Gautam Chandra vs. CPIO, State Bank of India, Nagaur Road, Jodhpur,
Rajasthan
Relevant dates emerging from the appeal:
RTI: 22.12.2016 FA: 06.02.2017 S.A. 27.03.2017
CPIO: No reply FAAO: No order Hearing: 12.07.2018
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, Nagaur Road, Jodhpur, Rajasthanseeking a copy of CCTV recording of 16.11.2016 from 12:00 noon to 04.00 pm of the camera installed outside the Nagaur Road Branch.
2. The appellant filed a second appeal before the Commission on the grounds that no information has been provided to him. Theappellant requested the Commission to direct the CPIO to provide the information sought for and to impose a penalty upon the CPIO.
Hearing:
3. Theappellantwas not present despite notice.The respondent Shri Sanjay Sethi, Chief Manager,State Bank of India, Nagaur Road, Jodhpur, Rajasthanattended the hearing through video conferencing.
4. The respondent submitted that consequent to the merger of SBI and its associate Banks, there has been a restructuring of the Bank's Branches. In view of this, the records relating to the appellant's RTI application dated 22.12.2016 are not available in the Branch.Due to non-availability of relevant records it cannot be saidas to whether any reply was sent to the appellant in response to the said RTI application. He further stated that the CCTV footage is retained only for a period of 90 days. However, as per the RBI Circular No. RBI/2016-17/181 DCM (Plg) No. 1712/10.27.00/2016-17 dated 13.12.2016, the data for the period from 08.11.2016 to 30.12.2016 has been preserved, until further instructions, to facilitate coordinated and effective action by the enforcement agencies in dealing with matters relating to illegal accumulation of new currency notes. The appellant has sought a copy of CCTV recording of 16.11.2016 of the bank.Since the said data/CCTV recording is preserved in compliance with the RBI's above said circular, a letter has been issued to RBI for seeking its consent with regard to disclosure of the informationsought for.
Decision:
5. The Commission, after hearing the submission of the respondent and perusing the records,observes that the appellant has soughta copy of CCTV recording of 16.11.2016 from 12:00 noon to 04.00 pm of the camera installed outside the Nagaur Road Branch. As per the respondent, the information sought has been preserved with the bank in compliance with the RBI's above said circular dated 13.12.2016. The Commission, therefore, directs the CPIO to provide extracts from the CCTV recording of 16.11.2016, pertaining to the appellant, after obtaining consent of the RBI regarding disclosure of information, to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.
6. The Commission further observes that on perusal of the second appeal and its enclosures, it seems that, perhaps,no reply in response to the RTI application was given to the appellant.Moreover, the respondentis not aware as to whether any reply was sent to the appellant in response to his RTI application. The Commission, thus, surmises that the information sought has not been provided by the respondent to the appellant. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to the then CPIO, State Bank of India (Formerly State Bank of Patiala), Nagaur Road, Jodhpur, Rajasthan for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him for not providing information. Shri Sanjay Sethi, Chief Manager,State Bank of India, Nagaur Road, Jodhpur, Rajasthan shall ensure that a copy of this order is served upon thethen CPIO, State Bank of India (Formerly State Bank of Patiala), Nagaur Road, Jodhpur, Rajasthan.
7. With the above observations, the appeal is disposedof.
8. Copy of thedecision be provided free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (S.S. Rohilla) Designated Officer Addresses of the parties:
1. The Central Public Information Officer (CPIO), State Bank of India, Formerly State Bank of Patiala Nagaur Bye Pass Road, MagraPunjala Jodhpur, Rajasthan-342001
2. Shri Gautam Chander