Central Information Commission
Shri. B Nagaraja Bhat vs Syndicate Bank on 10 October, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SM/A/2011/001374/SG/15119
Appeal No. CIC/SM/A/2011/001374/SG
Relevant facts emerging from the Appeal:
Appellant : Mr. B. Nagaraja Bhat,
25, Kolambe, Bailur,
Udopi, Karnataka
Respondent : Mr. R. Subramanian
PIO & Dy. General Manager,
Syndicate Bank
Law Cell, Regional Office,
Udupi-576101
RTI application filed on : 17/02/2011
PIO replied on : 07/03/2011
First Appeal filed on : 12/03/2011
First Appellate Authority order on : 28/03/2011
Second Appeal received on : 11/05/2011
Sl. Query Reply of PIO
1. Please provide the copy of the authority/ Concerned PIO replied that the transaction
permission/ consent obtained from me by reported by you in your RTI application pertaining
your bank officials for making the to Rs 417/- by pension are carried out at the
following transactions(list as shown in catholic centre branch as per the "Monthly
application)in my SB a/c No. Statement of Pension Payments Reconciliation of
01102010008667; name, Bank Accounts/Pension Scroll" received from the
designation/address of your bank officials, Employee Provident Fund Organisation. Please
who have made/ authorized the said note that Smt. Nathalia Saidana who is also our
transactions. customer is receiving this pension from the said
organization. However, in the said pension scroll
the account number of Smt. Nathalia Saldana is
mentioned as 0110201.8667 instead of
0110.201.86670. As a result of wrong account
number while uploading pension under GEFU
system, the said amount of Rs 417 has been
credited inadvertently by the system to the account
number 0110.201.8667 as and when the pension
was received by the branch.
2 Please provide the copy of the Concerned PIO replied that the error was noticed
authority/permission/consent obtained from and the branch has rectified the same on
me for debiting a sum of Rs. 1668 to my 17.12.2009 by debiting the wrongful credit
SB a/c No. 01102210039207 on 5-2- amount. Our Catholic Centre Branch confirms us
2001and for crediting the same to my SB that, you are orally informed of the wrong credit
No. 01102010008667 ;name, designation, and thereafter the breach has debited the said
address of your bank officials, who have amount from your account.
made/authorized the said transactions in my
account.
3 Please provide the copy of the authority/ Concerned PIO replied that since the EPF Dept.
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permission/consent, obtained from me for was sending the pension scroll under the same
withdrawing Rs 417 in excess on 17-12- account number , the mistake has crept in on
2009 from my SB No. 01102010008667 09.10.2010, 01.01.2011. i.e. the pension amount of
and Rs 417 in excess on 5-2-2011; Rs 417 pertaining to Smt. Nathalia Saldna
name/designation/address of your officials erroneously credited to your account. Again by
who made/authorized the said entries; copy noticing the error , the branch has debited Rs. 1668
of bank rules permitting your said officials inadvertentky instead of Rs. 1251-(417*3) on
to make such authorized withdrawal from 05.02.2011. the difference amount of Rs 417-
my account. (1668-1251=417) was re-credited to your account
Name/designation/address of the officials on 22.02.2011.
responsible to reimburse the said amount to
me with interest/cost.
Time limit fixed by bank rules to reimburse
the unauthorized debits to my a/c to me.
4 Please provide the information about the Concerned PIO replied that please note that on
name/designation/address of the officials receipt of your RTI application, the branch has
who have debited a sum of Rs 1668 to my informed us that they have checked verified
SB No. 01102010008667 on 5-2-2011 first account number 0110.201.8667 belonging to you
and then credited Rs 1668 immediately and from 01.01.2003 to 23.02.2011 and found that an
made me to suffer by SC for overdrawal ofd amount of Rs 417 was wrongly credited to your
Rs 17; account instead of the said account of Smt.
Name/designation/address of the officials, Nathalia Saldana on 19.02.2007 and is still in
who have to reimburse the said amount of credit of your account.
Rs 17 with interest.
Copy of your bank rules permitting your
said officials t make such transactions cause
loss to customer.
5 Please provide the information about the Concerned PIO replied that the information sought
name/designation/address of the officials, by you in point no.3 of your application is an
who have debited my SB No. account of debit balances mentioned in the account
01102010008667 of the list as I the for the charged period. Please note that the said
application. charges are debited by the system itself when the
applicable minimum balance in not mentioned.
6 Please provide the information copy of the Concerned PIO replied that since wrong credit
rules of your bank permitting your officials were given to your account the same were rectified
to make mockery of me, when I requested by debiting your account which was informed to
them to clarify the position; copy of the you as reported by the branch and you free to
rules of your bank permitting your officials approach our branch for further clarification in the
to telephone to my employer and force me matter.
not to complain in the matter to you.
Grounds for the First Appeal:
Reply of the PIO was dissatisfactory.
Order of the First Appellate Authority (FAA):
The FAA ordered that PIO has furnished all the information sought by you and also requested you to
approach the branch for further clarification, if any. I do not find any fault with the reply of the PIO.
Hence, furnishing the information free of cost at her cost does not arise.
Ground of the Second Appeal:
Information furnished by the FAA, was vague and not satisfactory.
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Relevant Facts
emerging during Hearing:
The following were present
Appellant : Mr. B. Nagaraja Bhat on video conference from NIC-Udupi Studio;
Respondent : Mr. R. Subramanian, PIO & Dy. General Manager on video conference from NIC-
Udupi;
The PIO has given the information and the explanation that a pension amount of another
account holder had been wrongly credited to the account of the Appellant. When this mistake was
discovered the bank has debited the said account for the amount. The Appellant is seeking a rule by
which this can be done. The PIO states that there is no specific rule but this is an administrative
decision taken in the normal course of business.
Decision:
The Appeal is disposed.
The PIO is directed to provide the information as directed above to the appellant
before 30 October 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
10 October 2011
(In any correspondence on this decision, mention the complete decision number.) (ved)
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