Central Information Commission Judgements

Mr.Manindra Prasad vs Syndicate Bank on 11 November, 2011

Central Information Commission
Mr.Manindra Prasad vs Syndicate Bank on 11 November, 2011
                CENTRAL INFORMATION COMMISSION
                    Club Building (Near Post Office)
                  Old JNU Campus, New Delhi - 110067
                         Tel: +91-11-26161796

                                         Decision No. CIC/SG/A/2011/002122/15599
                                                 Appeal No. CIC/SG/A/2011/002122



Relevant facts emerging from the Appeal:

Appellant                                  :     Mr. Mahindra Prasad
                                                 G-512, Govindpuram,
                                                 Ghaziabad

Respondent                                 :    Public Information Officer
                                                General Manager (P)
                                                Syndicate Bank, Head Office
                                                Manipal-576104

RTI application filed on                   :     27-12-2010
PIO replied on                             :     22-01-2011
First Appeal filed on                      :     01-02-2011
First Appellate Authority order of         :     21-04-2011
Second Appeal received on                  :     05-07-2011

Q.No.     Information sought                                Reply of PIO
1.        Day begin and day end report on 23-10-1008, 23-   Not admissible under the
          10-2008, 25-10-2008 and 01-11-2008 from           RTI act.
          Bisrakh Branch.
2.        Transaction log report on 01-11-2008 from         Not admissible under the
          Bisrakh Branch.                                   RTI act
3.        Transaction log report from Bisrakh Branch from   Not admissible under the
          03-07-2008 to 15-07-2008.                         RTI act
4.        Photocopy of cash paid cheque regarding SB/Ac.    Not admissible under the
          No 9966 to 15-07-2008.                            RTI act
5.        Photocopies of inspection report and closure      Not admissible under the
          certificate regarding ALPM/Omni system for        RTI act
          2006-2007, 2007-2008, abd 2008-09 from
          Bisrakh Branch.
7.        Photocopy of cash cheque no. 832475 of Rs.        Not admissible under the
          60000/- paid on 05-08-2008.                       RTI act

            S    A/c     Cheque/withdrawal Amount



                                                                                       1
            No. No.      No.
           1.  SB-      158249                1000000.00
               9508
           2.  SB-      338897                1500000.00
               9092
           3.  SB-      338871                2250000.00
               1011
               2
           4.  SB-      338873                700000.00
               1021
               4
           5.  SB-      338793                2000000.00
               3789
           6.  SB-      009262                1500000.00
               2960
           7.  SB-      008813                2320000.00
               1865
           8.  SB-      33879                 1500000.00
               6546

8.       Photocopies of double lock book and single lock Not admissible under the
         book from 01-10-2008 to 31-10-2008 from RTI act
         Bisrakh Branch.

6.       Photocopy of cash cheque No. 832475 of Rs.          Not admissible under the
         600000/- paid on 05-08-2008 by Bisrakh Branch.      RTI act
9.       Photocopies of double lock book and single lock     Not admissible under the
         book from 01-10-2008 to 31-10-2008 from             RTI act
         Branch.
10.      Photocopies of charge sheet issued to Shri. PK      Not admissible under the
         Sharma & SPS Shishodia and Shri Shanti              RTI act
         Swaroop in the matter of alleged fraud of rs.
         10.00 lacs and Rs. 60000.00
11.      Photocopy of B-50, register regarding DD Stock      Not admissible under the
         from 01-10-2008 to 31-12-2008 from Bank.            RTI act
12.      Photocopy of manager certificate of Bisrakh         Not admissible under the
         branch regarding securities verification of stock   RTI act
         from B-50 register for the month of august2008,
         sep-2008, and oct-2008.

Grounds for the First Appeal:
The PIO did not give complete and true information and PIO did not provide information.
The PIO stated that the information was required by the appellant to challenge action
against him in the high Court. Hence, the matter being subjudice was exempt under
Section 8 (1) (h). Exemption was also claimed under Section 8 (1) (j).



                                                                                        2
 Order of the First Appellate Authority (FAA):
No Order.

Ground of the Second Appeal:
PIO had not given complete and true information.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Mahindra Prasad
Respondent: Mr. Sripati, AGM & PIO, through NIC Studio, Manipal
The respondent admits that the exemptions under Section (8)(1) (h) and (j) are not
applicable in the instant case. He however claims exemption under Section 8 (1) (e) for
information relating to transactions with customers.
Decision:

The Appeal is allowed.

The PIO is directed to provide the information after severing information
relating to customer’s transactions as per Section 10 of the RTI Act before
10 December 2011.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
11 November 2011
(In any correspondence on this decision, mention the complete decision number.) (KH)

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