Gudavalli Malleswari vs State Bank Of India on 22 April, 2019

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Central Information Commission

Gudavalli Malleswari vs State Bank Of India on 22 April, 2019

1. The issues under consideration arising out of the second appeal dated 17.08.2017 include non-receipt of the following information raised by the appellant through his RTI application dated 16.03.2017 and first appeal dated 15.04.2017:-

 The appellant applied under information right Act of 2005 to the State Bank of India, Tadikonda, Guntur District, Andhra Pradesh State on 4-2-2017 for 2 points clarification under Registered Post No.R.N.653065424 I.N. But the relevant Officer did not send any information. So, now I appeal to you as an Appellate Officer, and please give the said and relevant information.

(i) Details regarding transfer of fixed deposits amounting to Rs. 5 lacs and whether there are any orders from Hon'ble curt restricting Page 1 of 3 payment of proceeds of fixed deposit amount to Smt. Gudavalli Malleshwari.

(ii) Whether there is any chance of payment of the proceeds to Smt. Gudavalli Malleshwari.

2. Succinctly facts of the case are that the appellant filed an application dated 16.03.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, RBO-2, Brodipet, Guntur, seeking aforesaid information. The CPIO replied on 07.04.2017. Dissatisfied with the response of the CPIO, the appellant has filed first appeal dated 15.04.2017. The First Appellate Authority disposed of the first appeal vide order dated 15.05.2017. Aggrieved by this, the appellant has filed a second appeal dated 17.08.2017 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 17.08.2017 inter alia on the grounds that the respondent did not provide complete information.

4. The CPIO on 07.04.2017 informed that the fixed deposits amounting to Rs. 5 lacs were transferred to SBI Tadikonda Branch on 18.04.2016. As a complaint received from Mr. Gudavalli Venkateswara Rao stating that the original TDRs were filed into court for temporary injunction (IA No. 345/2016). As the matter was pending with the Hon'ble court of law, they were unable to pay TDRs.

5. The appellant and the respondent Mr. Satya Narayan Rao, Regional Manager, State Bank of India, attended the hearing through video conferencing. 5.1. The appellant submitted that she had opened a fixed deposit account in the Vijayawada Branch and she intended to withdraw the account. 5.2. The respondent submitted that the appellant had a savings bank account in Penamaluru Branch, SBI which was transferred to Tadikonda Branch on 29.04.2017. The appellant and her husband had marital disputes and her husband Mr. G. Venkateswara Rao filed petition bearing no. I.A. No. 345/2016 for Page 2 of 3 temporary injunction. They further submitted that the bank and the appellant were made defendants in that suit and they have filed their pleadings before the court stating that since the appellant is the single account holder of the account, the FD amount may be released in her favour. The CPIO submitted that notice in the suit was issued to them on 16.04.2016 but no injunction order was passed till date. The appellant submitted her defence documents in the court today. As the ownership of the TDRs is in litigation the bank refused premature disclosure of TDRs pending a verdict in favor of plaintiff or defendant. The reply was accordingly given to appellant as the matter was sub judice.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, feels that the parties have made their submissions before the Hon'ble Court of the Additional Senior Civil Judge, Vijayawada in O.S. No. 266/2016 (IA No. 345/2016). The respondent has stated that they await the orders of the court to act in its accordance. Therefore, they could not provide the information as to whether there was any chance of payment of proceeds to the appellant. In view of the pendency of the matter before the Additional Senior Civil Judge, Vijayawada as stated by both parties, the matter is adjourned to 16.05.2019.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 22.04.2019 Page 3 of 3

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