Virendra Yadav vs Punjab & Sind Bank on 19 January, 2023

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Central Information Commission

Virendra Yadav vs Punjab & Sind Bank on 19 January, 2023

1. The issue under consideration arising out of the second appeal dated 28.01.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 17.11.2020 and first appeal dated 05.12.2020:-

Kindly refer to Law & Recovery Department Circulatory letter No.108 dated 06.11.2020 issued by AGM ( L&R) of respondent Bank. With reference to the said Circulatory letter, provide the following information:-

(i) List of cases in which Stay Order has been granted in favour of Punjab & Sind Bank along with date of Stay Order, since 01/01/2000.

(ii) List of cases in which stay order has been granted against Punjab & Sind Bank along with date of Stay Order, since 01/01/2000.

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(iii) Name & designation of officials who are responsible for monitoring the cases mentioned in para i & ii above, as on date of providing information.

(iv) Case-wise & year-wise counsel fees paid by the Bank in the cases mentioned in para i & ii above, since 01/01/2000.

2. Succinctly facts of the case are that the appellant filed an application dated 17.11.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab & Sind Bank, New Delhi , seeking aforesaid information. The CPIO vide letter dated 27.11.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 05.12.2020. The First Appellate Authority (FAA) vide order dated 05.01.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 28.01.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 28.01.2021 inter 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 27.11.2020 and the same is reproduced as under :-

"(i) Information pertain to third party hence denied as per section 8(1)(j) of RTI Act, 2005.

(ii) Information pertains to third party hence denied as per section 8(1) (j) of RTI act, 2005.

(iii) Information pertains to third party hence denied as per section 8(1) (j) of RTI act, 2005.

(iv) Information pertains to third party hence denied as per section 8(1) (j) of RTI act, 2005."

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The FAA vide order dated 05.01.2021 agreed with the reply given by the CPIO.

5. The appellant and on behalf of the respondent Shri Subhash chand Sagar AGM & CPIO and Shri Akshay Kumar Dewal, Sr. Manager attended the hearing in person.

5.1. The appellant inter alia submitted that the reply given by the respondent was misleading. He further contended that the data including information sought by him should have been prepared and indexed in normal course of business in a manner which could be easily retrieved and readily available. However, the respondent had failed to maintain and provide such information.

5.2. The respondent while defending their case inter alia submitted that the information sought by the appellant pertained to third parties. Therefore, the disclosure of the information was exempted under provisions of section 8 (1) (j) of the RTI Act.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the reply given by the respondent was evasive and incomplete. The exemption claimed was not sustainable in the eyes of law. In view of the above, the respondent is directed to re-visit the RTI application and provide the reply/information to the appellant within 4 weeks from the date of the 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/-


                                                                             सुरेश चं ा)
                                                          (Suresh Chandra) (सु        ा
                                                                          सूचना आयु )
                                               Information Commissioner (सू
                                                                दनांक/Date: 16.01.2023
Authenticated true copy

R. Sitarama Murthy (आर. सीताराम मूत )
Dy. Registrar (उप पंजीयक)
011-26181927(०११-२६१८१९२७)



                                                                                    Page 3 of 4
 Addresses of the parties:
THE CPIO
PUNJAB & SIND BANK, 4TH FLOOR,
BANK HOUSE,21, RAJENDRA PLACE,
NEW DELHI-110008

THE FIRST APPELLATE AUTHORITY
PUNJAB & SIND BANK, 4TH FLOOR,
BANK HOUSE,21, RAJENDRA PLACE,
NEW DELHI-110008


SH. VIRENDRA YADAV




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