Central Information Commission Judgements

Smt. Chandro Devi vs Syndicate Bank on 5 October, 2011

Central Information Commission
Smt. Chandro Devi vs Syndicate Bank on 5 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/2011/001157/SG/15050
                                                           Appeal No. CIC/SM/A/2011/001157/SG

Relevant facts emerging from the Appeal:

Appellant                            :     Ms. Chamdro Devi
                                           Village - Sundarpur
                                           P.O Palwal via Pipli
                                           Kurukshetra
                                           Haryana - 136131

Respondent                           :     Central Public Information officer,
                                           General Manager
                                           Syndicate Bank, Head office
                                           Manipal , Udipi District
                                           Karnataka - 576104

RTI application filed on             :     05/10/2010
PIO replied on                       :     21/12/2010
First Appeal filed on                :     11/01/2011
First Appellate Authority order on   :     31/01/2011
Second Appeal received on            :     02/04/2011
Information Sought:

Q.No     Query                                      Reply of PIO
1.       Please provide information regarding       Concerned PIO replied for point 1 & 2
         change in nomination.                      that the information sought by
             1. Current rule regarding change in    appellant is on the question of law,
                nomination.                         hence cannot be provided under RTI
             2. Copy of ruling vide which the       Act.
                original/ previous nominee is not   For query 3, 4, 5 & 6 PIO has replied
                required to be called for at the    that the information is not available
                time of change in nomination.       with him.
             3. The depositor was 86 years old
                deaf and dumb still his wife was
                called who was natural nominee
                at the time of change of
                nomination, in the name of
                grandson who even did not
                reside with him.
             4. Kindly provide the copy of
                register / affidavit and other
                relevant      nomination     was
                changed.
             5. Kindly provide the copy of
                registrar and other documents in
                which nomination was changed.
             6. Kindly provide me the details
                regarding the maturity if FD
                which      had     matured     on
                31/07/2010 before the death of
                the depositor. Why wasn't it
                         informed during his lifetime so
                        that the deceased could have
                        distributed the wealth according
                        to his own will.

 2.           Please provide whether any legal notice    Concerned PIO replied that they had
              has been received and application          received the summons from the civil
              challenging the change of nomination       court, Kurukshtra alongwith the copy
              and stopping of payment to change          of suit for permanent injunction " Smt.
              nominee.                                   Chandro Devi V/S Syndiacte Bank,
                                                         Mohan Nagar Kurukshetra & Ankur
                                                         s/o Gobind.
3.            Please provide whether is it sufficient to Concerned PIO that information
              stop the payment & if not please supply sought is clarification which does not
              copy prevalent to the subject.             come under the RTI Act.

Grounds for the First Appeal:
PIO had not replied to the query.

Order of the First Appellate Authority (FAA):
According to the order of FAA the PIO had replied to all the queries and had provided the requisite
information to the Appellant , hence the appeal has been dismissed.

Ground of the Second Appeal:
Information furnished by the PIO was not satisfactory despite the FAA's order.

Relevant Facts

emerging during Hearing:

Both the parties were given an opportunity for hearing. However, neither party appeared. From a
perusal of the papers it appears that the PIO should provide information on query 1 & 2 of the
Appellant. If this information is not in existence this should be stated. As regards query 4 & 5 the PIO
should either obtain the information from some other officer or state categorically that no such
information is available in the matter.

Decision:

The Appeal is allowed.

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
05 October 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)