Central Information Commission
Heer Singh Chouhan vs State Bank Of India on 24 February, 2022
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीयअपीलसं या/Second Appeal No.CIC/SBIND/A/2020/107054
CIC/SBIND/A/2020/107055
Mr. Heer Singh Chouhan ... अपीलकता /Appellant
VERSUS
बनाम
CPIO ... ितवादी/Respondent
State Bank of India
RACPC, Ground Floor, Matrix-Mall
Near Lal Jain Mandir, Sec-4, Jawahar
Nagar, Jaipur, Rajasthan-302004
CPIO
State Bank of India
RACPC-1, Kailash Tower
2nd Floor, Jaipur, Rajasthan-302004
Relevant dates emerging from the appeal:-
RTI : 07-10-2019 FA : 25-11-2019 SA : 12-02-2020
CPIO : 19-10-2019 &
FAO : 09-12-2019 Hearing: 21-02-2022
31-10-2019
ORDER
CIC/SBIND/A/2020/107054 CIC/SBIND/A/2020/107055
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) State Page 1 of 5 Bank of India, Jaipur, Rajasthan Rajasthan. The appellant seeking information is as under:-
2. The CPIO had provided point point-wise reply to the appellant.
appellant Being dissatisfied with the same, the appellan appellant has filed first appeal dated 25-11-2019 and requested that the information should be provided to him. The FAA vide order dated 19-12-2019 2019 has given direction to the CPIO to invoke section 11 of the RTI Act, 2005 and provide information to the appellant appellant. He has filed a second appeal before the Commission on the ground that information sought Page 2 of 5 has not been provided to himand requested to direct the respondent to provide complete and correct information.
Hearing:
3. The appellant attended the hearing through audio-call. The respondent, Shri Amrendra Kumar, CPIO/ AGM along with Shri Arjun Singh Meena, Chief Manager O/o State Bank of India, RACPC, Matrix-Mall, Jaipur and Shri Ram Babu Meena, Representative of CPIO/ Chief Manager attended the hearing through audio-call.
4. The respondents submitted their written submissions and the same has been taken on record.
5. The appellant submitted that the desired information has not been provided to him by the respondent on his above RTI applications. That M/s Sokhal Builders and Constructions Pvt. Ltd. in conspiracy with the bank employees has taken loan twice on one flat and cheated the bank. Therefore, such information has been sought by the appellant and the same should be provided by the respondent.
6. That in file no. CIC/SBIND/A/2020/107054, Shri Amrendra Kumar submitted that vide their letter dated 19.10.2019; they have informed the appellant that the information sought by him is not available in their office. That no such loans have been sanctioned from their branch.
7. That in file no. CIC/SBIND/A/2020/107055, Shri Ram Babu Meena submitted that vide their letter dated 31.10.2019, they have already provided point-wise reply to the appellant as per their available records. That information sought at point nos. 2 & 5 of RTI Application have been denied being personal information related to third party. That after the direction of the concerned FAA, they had asked the third party if they would want to share the requested information with the appellant. But, no objection has been received from the concerned third party. That on the basis of TPA, the loan has been sanctioned.
Decision:
8. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant has sought information regarding the loan sanctioned on his flat no. 403 which has been purchased from Page 3 of 5 M/s Sokhal Builders and Constructions Pvt. Ltd. and other queries related thereto. That the appellant has contended that M/s Sokhal Builders and Constructions Pvt. Ltd. made fraud with the bank by taking the loan two times on the same flat. That since the information sought is related to his own flat; therefore he is entitled to receive such information from the respondent. That the answering respondent in file no. CIC/SBIND/A/2020/107054 has already informed the Commission that no such loan has been sanctioned from their branch and therefore no such information is available with their branch. That the answering respondent in file no. CIC/SBIND/A/2020/107055 has informed the Commission that after receiving the order of the FAA, they have invoked section 11 of RTI Act, 2005 and sent letter to the third party to receive their consent so that the relevant information could have been disclosed, but the third party did not send their objections in disclosing such information to the appellant.
9. In the light of the above observations, the Commission is of the opinion that in file no. CIC/SBIND/A/2020/107055, since the respondent public authority is sanctioning multiple loans on one flat and has invoked section 11 of RTI Act, 2005 as per the direction of FAA, but no objection has been received from the third party. Therefore, the respondent public authority has decided to disclose the information to the appellant. The limited point to be considered here is whether loan has been sanctioned on the basis of Agreement, which has been clarified by the CPIO that the loan has been given on the basis of TPA. Therefore, the Commission deems it fit to direct the concerned CPIO, O/o State Bank of India, RACPC-1, Kailash Tower, 2nd Floor, Jaipur, Rajasthan-302004 to provide a revised reply to the appellant vide which copy of relevant documents on the basis of which such loan has been sanctioned should be provided to the appellant within 15 days from the date of receipt of this order. If the public authority so desires, may redact the third party personal information, if any from the said documents.
10. With the above observations, both the above appeals are disposed of.
Page 4 of 511. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta (नीरजकु मारगु ा) Information Commissioner (सूचनाआयु ) दनांक / Date : 21-02-2022 Authenticated true copy (अिभ मािणतस यािपत ित) S. C. Sharma (एस. सी. शमा ), Dy. Registrar (उप-पंजीयक), (011-26105682) Addresses of the parties:
1. CPIO State Bank of India RACPC, Ground Floor, Matrix-Mall Near Lal Jain Mandir, Sec-4, Jawahar Nagar, Jaipur, Rajasthan-302004
2. CPIO State Bank of India RACPC-1, Kailash Tower 2nd Floor, Jaipur, Rajasthan-302004
3. Mr. Heer Singh Chouhan Page 5 of 5