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Decision No. CIC/SG/A/2011/002114/15543
Appeal No. CIC/SG/A/2011/002114
Relevant facts emerging from the Appeal:
Appellant : Mr. Yogender Kumar Mishra,
HIG 2/6, Barra - 6,
Kanpur, Uttar Pradesh.
Respondent : Mr. Ashutosh Brahmatmaj
PIO & General Manager
Allahabad UP Gramin Bank
Head Office DM Colony,
Civil Lines, Banda,
Uttar Pradesh.
RTI application filed on : 25-04-2011
PIO replied on : 05-05-2011
First Appeal filed on : 14-05-2011
First Appellate Authority order of : Not replied.
Second Appeal received on : 05-07-2011
Information sought:
The appellant asked regarding the Name of the writer, date of written MEXT number 1 to 127 in
respect of charges, source of acquisition during the investigation dt. 01-10-2009 to 12-11-2009 related
to Mr Yogender Kumar Mishra.
The PIO replied:
The information sought by the appellant is not related to public activity.
Grounds for the First Appeal:
The appellant is not satisfied with the PIO reply.
Order of the First Appellate Authority (FAA):
No order was passed by the FAA.
Ground of the Second Appeal:
The appellant is not satisfied with the PIO reply & FAA order.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Yogender Kumar Mishra on video conference from NIC-Kanpur Studio;
Respondent: Mr. Ashutosh Brahmatmaj, PIO & General Manager on video conference from NIC-
Banda Studio;
The PIO states that the information sought by the Appellant includes information about the
transaction of certain customer with the Bank. The Commission accepts that information relating to
customer of the Bank are held by the Bank in fiduciary capacity and therefore exempt under Section
8(1)(e) of the RTI Act. The Commission therefore directs the PIO to severe the information relating to
customer’s transaction as per Section 10 of the RTI Act and provide the balance information as per the
available records. In matter where there are no records this should be clearly stated.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant
before 05 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)