Central Information Commission
Appeal No.CIC/SM/A/2009/000304 dated 03-06-2008
Right to Information Act-2005-Under Section (19)
Dated: 3 December 2009
Name of the Appellant : Shri Chandan Pal Sharma
Krishana Bhawan Ward No. 16,
Meem Kayana Road, Singh Wala Teema,
Khetri District, Jhunjhunu,
Rajasthan.
Name of the Public Authority : CPIO, State Bank of Bikaner & Jaipur,
Khetri, Jhunjhunpur,
Rajasthan.
The Appellant was present in person.
On behalf of the Respondent, the following were present:-
(i) Shri S.N. Sharma, CPIO,
(ii) Smt. Ganga Sani, Branch Manager
2. In this case, the Appellant had his application dated June 3, 2008,
requested the CPIO for a number of details of regarding the plot of land
against which the Bank could sanctioned certain loan to one Ram Kishen.
The CPIO in his reply dated July 4, 2008, denied the information claiming it
to be personal in nature. Against this denial of information, the Appellant
moved the first Appellate Authority on July 23, 2008. The Appellate
Authority disposed of the appeal in his order dated August 8, 2008 by fully
concurring with the views of the CPIO. It is against this order that the
Appellant has come before the CIC in second appeal.
3. We heard this case through videoconferencing. The Appellant was
present in the Jhunjhunu studio of the NIC whereas the respondents were
present both in the Jhunjhunu and the Jaipur Studios. We heard their
submissions. The Appellant argued that since the plot of land against which
CIC/SM/A/2009/000304
the Bank had sanctioned the loan had been cancelled by the Collector and
this cancellation had been upheld by the High Court of Rajasthan, obviously,
the loan had been given against a wrong property. He wanted to know about
these details since, in his opinion, the loan had been sanctioned against a
property which the borrower did not own.
4. The respondent submitted that they had a valid property document in
that possession against which the loan had been sanctioned. In the
circumstances presented by both the parties, we think that the CPIO should
verify the records and find out if the plot of land against which the loan had
been sanctioned in the indeed the one the Patta of which the Collector had
cancelled on 18 December 1984 as mentioned in the order of the High Court
or it is a different plot of land. If it is the same plot of land, the CPIO shall
provide the desired information in its entirety within 10 working days from
the receipt of this order. However, if the plot of land is different from the
Patta of which had been cancelled, then he shall only state this fact and
give no further details about the loan account.
5. With the above directions, the appeal is disposed off.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges prescribed under the Act to the
CPIO of this Commission.
(Vijay Bhalla)
Assistant Registrar
CIC/SM/A/2009/000304