O R D E R
(28.12.2022)
1. The issue under consideration arising out of the second appeal dated 01.10.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 04.12.2019 and first appeal dated 02.06.2020
(i) "With reference to the appellant's application dated 19.07.2019 and 11.10.2019 Action taken regarding account no. **********96
(ii) Balance as on dt.26/6/2012 in account no. **********96
(iii) Copy of application given by cheque writer for stop payment of cheque no.225315 dated 11/6/2012
(iv) Copy of guideline of bank for issue of stop payment memo.
(v) Copy of guidelines of bank to take action against cheque writer if there is no sufficient amount as shown in cheque in the account of account holder.
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(vi) Amount credited and withdrawn from account no. *********96 from dated 11/6/2012 to 26/6/2012 date wise detail.
(vii) Copy of application made by account holder no.**********96 for stop payment of cheque other than cheque no.225315 from dated 11/6/2012 to 30/6/2012."
2. Succinctly facts of the case are that the appellant filed an application dated 04.12.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Bank of India, Rajkot, seeking aforesaid information. The CPIO vide letter dated 19.03.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 02.06.2020. The First Appellate Authority (FAA) vide order dated 19.06.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 01.10.2020 before the Commission which is under consideration.
3. The appellant has filed the instant appeal dated 01.10.2020 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 19.03.2020 and the same is reproduced as under :-
"We hereby inform you that your application falls under Section 8(1)(j) of RTI Act 2005, so being third party information we are unable to provide the required information."
The FAA vide order dated 19.06.2020 agreed with the reply given by the CPIO.
5. The appellant and on behalf of the respondent Shri K Parthasarathy Naidu, Regional Manager and Shri Lakminder Singh, Manager(Law), Central Bank of India, Rajkot, attended the hearing through video conference.
5.1. The appellant inter alia submitted that information sought was not provided by the respondent till the date of hearing. The appellant stated that he had deposited a cheque cheque no. 225315 issued in his favour by Mr. Juneja H K in the respondent bank. However, the said cheque could be encashed and bank had issued memo wherein reasons was given that the payment was stopped by the drawer. Thereafter, the appellant had given his
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representations in this regard however the bank had not provided the action taken report on his representations. Besides, he submitted that the information sought was also denied the respondent arbitrarily.
5.2. The respondent while defending their case inter alia submitted that information sought pertained to third party account, disclosure of which had no relationship to any public activity or interest. Accordingly, exemption was claimed under 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 appellant sought information regarding account no. **********96 and action taken on his representations. The respondent denied the information relating to the account on the ground of third party, disclosure of which had no relationship to any public activity or interest and they claimed exemption under section 8 (1) (j) of the RTI Act. The appellant failed to establish any larger public interest warranting the disclosure of information related to third party account. Further, the respondent had also denied the information regarding action taken on the appellant's representations dated 19.07.2019 and 11.10.2019 on the ground of third party which was not sustainable in the eyes of law. In view of the above, the respondent is directed to revisit the RTI application and provide the information regarding action taken on the appellant's representations, within three weeks from the date of receipt of this order. With the above observations and directions, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
Sd/-
(Suresh Chandra) (सुुुरेु ेे ेश चंंंं ा) Information Commissioner (सूूचूू ना आयुुुु
)
दनांक/Date: 28.12.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मतू ) Dy. Registrar (उप पजं ीयक) 011-26181927(०११-२६१८१९२७)
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Addresses of the parties:
The CPIO
CENTRAL BANK OF INDIA, RAJKOT
REGIONAL OFFICE P.B.NO: 51,
NAGINDAS CHAMBERS, 1ST FLOOR,
DHEBARBHAI ROAD, RAJKOT,
GUJARAT-360001
First Appellate Authority CENTRAL BANK OF
INDIA, AHMEDABAD REGIONAL OFFICE
,CENTRAL BANK
BUILDING, 6TH FLOOR, P.B.NO: 226,LAL
DARWAJADISTAHMEDABAD,
GUJARAT-380001
Shri Kesharisinh K Vaja,
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