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Decision No. CIC/SM/A/2011/000695/SG/14744
Appeal No. CIC/SM/A/2011/000695/SG
Relevant facts emerging from the Appeal:
Appellant : Mr. S. P Goyal
103 A, Krishna Chambers
59, New Marine Lines,
Mumbai 400 020
Respondent : Mr. B. M. Warman
PIO & DGM
Indian Overseas Bank,
Central Office: Post Box No. 3765,
763, Anna Salai,
Chennai 600 002
RTI application filed on : 01/03/2010
PIO replied on : 16/04/2010
First Appeal filed on : 15/07/2010
First Appellate Authority order on : 23/12/2010
Second Appeal received on : 10/02/2011
Sl. Query Reply of PIO
1. Please provide information whether the Concerned PIO replied that as the status of the bank
records of bank realization certificate are realization certificate and old records destroyed
available or they have already been details has been dealt in detail vide our replies dated
destroyed. If destroyed kindly give evidence 03/12/2008 and 02/01/2009 and appellate authority
for the same or provide copy of your order dated 106/2008- 09 dated 25.02.2009 and
destroyed register where the details of such disposed vide second appeal before Hon’ble CIC
documents that is the bank certificate dated vide order CIC/SM/A/2009/000364 416, 568, 1497,
23/06/1992. CIC/SM/A/C/2009/000257 & 1192 dated
25.02.2010 hence there is no merit in seeking the
information.
2 Please provide whether you have any Concerned PIO replied that there is no definite rule/
arrangement to issue duplicate bank guidelines/ provisions exists regarding issuance or
realization certificate on the basis of bank non issuance of Duplicate Bank realization
realization certificate . certificate on the basis of copy available with the
exporter. The details formed the administrative
decisions of the authorities and therefore do not fall
under the purview of “information” under Sec 2(f)
of RTI Act.
3 Please provide the informationregarding Concerned PIO replied that the status of the records
column no 9 and details as under- was advised vide our letters dated 03/12/2008 and
US $ 74503.50 $ 50000/- @ 7.7250 02/01/2009 as old records dating back to a period of
C.I.F. $ 20000/- @ 7.835 two decades and crossed the prescribed preservation
$ 4503.50 @ 3.8875 period and no details are held in possession of the
(a) Please provide the receipt of each authorities the details do not fall under the purview
payment and name of the party and of Sec 2(j) of RTI Act 2005.
the name of bank through whom the
above 3 payments were received by
you.
(b) Please give the conversion of dollar
amounts in Indian rupees for the
above three amounts in dollar under
column 9.
(c) Please inform what was the dollar
price when bank realization
certificate was issued.
(d) Please inform what the dollar price
when payment was received as per
your column no 15 on dated
21.02.1987, 08.03.1988 and
12.11.1991.
Grounds for the First Appeal:
Reply of the PIO was dissatisfactory.
Order of the First Appellate Authority (FAA):
The order of First Appellate authority is exhaustive and he is mentioning about all the RTI applications
been filed by the person till date.
Ground of the Second Appeal:
Information furnished by the PIO was not satisfactory despite the FAA’s order.
Appellant: Mr. S. P. Goyal on telephone conference from NIC-Mumbai Studio;
Respondent: Mr. A. K. Mohanty, Chief Manager on behalf of Mr. B. M. Warman PIO & DGM on
video conference from NIC-Chennai Studio;
The PIO has informed the Appellant that the information being sought relates to the year 1992
and that these records have been destroyed in the flood in 2005. The PIO has also earlier informed the
Appellant about this.
Decision:
The Appeal is disposed.
The information sought is not available.
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
22 September 2011
(In any correspondence on this decision, mention the complete decision number. (BK))