Vijaya Lakshmi R Deshpande vs State Bank Of India on 17 July, 2019

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Central Information Commission

Vijaya Lakshmi R Deshpande vs State Bank Of India on 17 July, 2019

1. A Show Cause Notice was issued to Mr./Ms. R. Seshadri the then CPIO, Regional Business Office, 1st Floor, SBI Buildings, Station Road, Bellary, in compliance of the Commission's order no. CIC/SBIND/A/2017/116137 dated 29.05.2019 for denial of information to the appellant. The CPIO was directed to submit an explanation as to why action under Section 20(1) of the RTI Act should not be initiated against him.

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Hearing on 25.04.2019:

2. The appellant along with his representative and on behalf of the respondent, Mr. Murlidhar Kedlaya, AGM and Mr. Rajeev Kumar Mittal, AGM, State Bank of India, Bellary attended the hearing through video conferencing.

Interim Decision (29.05.2019):

3. The Commission passed the following directions on 29.05.2019:

"6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, feels that the reply given by the CPIO is evasive. It is noted that the appellant has interest in the guarantee given by her late husband Dr. R.J. Deshpandey and she has every right to get this information under the RTI Act. The Commission notes that the denial of aforesaid information by the CPIO was misleading and this will undermine the very purpose of the RTI Act. Hence, the Commission directs the respondent to provide complete point wise information to the appellant within 15 days from the date of receipt of this order. The Commission further directs the registry of this Bench to issue a Show Cause Notice to Mr./Ms. R. Seshadri the then CPIO, Regional Business Office, 1st Floor, SBI Buildings, Station Road, Bellary for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him for denial of information under RTI Act. All the submissions if any must reach to this Commission within 15 days from the date of receipt of this order. The present CPIO, Regional Business Office, SBI, Bellary shall ensure that a copy of this order is served upon Mr./Ms. R. Seshadri the then CPIO, State Bank of India, Bellary."

Hearing on 12.07.2019:

4. Appellant's representative Ms. Sangeeta Kulkarni and Mr. R. Seshadri, the then CPIO and Mr. Chalapathi Rao, CPIO, State Bank of India, Bellary attended the hearing through video conference.

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5. The representative of the appellant submitted that the appellant was not satisfied with the information provided by the respondent vide letter dated 11.06.2019 as the same was misleading. She also submitted that her grievance was yet to be settled by the respondent. She stated that the appellant vide letter dated 04.07.2019 sent some queries which needs to be answered by the respondent bank.

5.1. The respondent submitted that they had furnished a point-wise reply to the appellant on 11.06.2019. They submitted that initially the information was denied by them considering the fact that the information pertained to third party in the absence of proof to signify that the applicant was legal heir of Shri R.J. Deshpandey. However, in pursuance of the order of the Commission, the respondent had furnished point-wise information to the appellant. They also submitted that delay in furnishing the information was inadvertent and not intentional. They tendered unconditional apology for the delay and assured the Commission that this would not recur in future.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, notes that due reply/information has already been furnished by the respondent. The Commission finds that submissions made by the respondent are reasonable and there is no conscious or deliberate attempt to withhold the information sought by the appellant. Besides that the appellant raised some fresh queries in her submissions dated 04.07.2019 which cannot be considered as information as defined under section 2 (f) of the RTI Act. Further in the absence of any mala fide on part of the CPIO, it would not be appropriate to initiate any action for imposition of penalty on the respondent. In view of this, the Show Cause Notice issued to Mr. R. Seshadri the then CPIO, Regional Business Office, 1st Floor, SBI Buildings, Page 3 of 4 Station Road, Bellary is hereby dropped. With the above observations 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:16.07.2019 Authenticated true copy (अिभ मािणत स यािपत ित) (R. Sitarama Murthy) (आर. सीताराम मू त) Deputy Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) ADDRESSES OF THE PARTIES:

THE CENTRAL PUBLIC INFORMATION OFFICER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, 1ST FLOOR, S.B.I BUILDING, STATION ROAD BELLARY - 583101 FIRST APPELLATE AUTHORITY (UNDER RTI ACT), GENERAL MANAGER (NW-II), STATE BANK OF INDIA, LOCAL HEAD OFFICE, NO. 65, ST. MARK'S ROAD, BANGALORE - 560 001.

SMT. VIJAYA LAKSHMI R DESHPANDE, Page 4 of 4

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