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Decision No. CIC/SM/A/2010/001369/SG/14307Adjunct
Appeal No. CIC/SM/A/2010/001369/SG
Relevant Facts emerging from the Appeal
Appellant : Smt. Rajni,
House No.-104,
Sector 3, Near Deep Shika College,
Jaipur.
Respondent : Mr. A. S. Skhekahwat
PIO & AGM
UCO Bank,
Zonal Office, 2nd floor,
Arcade International, Civil Lines,
Ajmer Road, Jaipur-302006.
RTI application filed on : 15/03/2010
PIO replied : 23/04/2010
First appeal filed on : 21/05/2010
First Appellate Authority order : Not mentioned.
Second Appeal received on : 20/09/2010
The Appellant in his RTI Application has sought information pertaining to RBI during the time period
2005-2010 on the following:
Sl. Queries:
1 Name and address of the Head/ Chairman of the UCO Bank.
2 Provide attested photocopies of circulars/ instructions issued by the competent authority from time
to time regarding change of rate of interest on personal loan of 1 lakh during the period 1.4.2002 to
31.3.2009.
3 Provide attested photocopies of circulars/ instructions issued by the competent authority regarding
amount of processing fees during the period 1.4.2002 to 31.3.2009. on personal loan
4 Whether processing fees on Personal loan was/is being paid by the borrowers before payment of
personal loan to the borrower & after sanction of loan.
5 Attested photocopies of Terms & conditions applicable in sanction of personal loan to the
borrowers during the period 1.4.2002 to 31.3.2009. on personal loan
6 Provide list of Zonal officers of UCO bank
7 Provide attested photocopies of circulars/ instructions issued by the competent authority from time
to time regarding rate of interest charged on personal loan
a) Simple interest b) compound interest c) Annual rate of interest d) half yearly rate of interest
e) quarterly rate of interest f) monthly rate of interest
8 Provide attested photocopies of circulars/ instructions issued by the competent authority from time
to time regarding rate of interest charged on personal loan , is it at floating or fixed rate of interest?
9 Provide attested photocopies of circulars/ instructions issued by the competent authority from time
to time regarding repayment of EMI’s by the borrowers i.e mode of repayment of EMI’s was a) by
cash b) By cheque c) By DD or by Banker cheque?
10 Provide attested photocopies of circulars/ instructions issued by the competent authority from time
to time regarding what benefits are being given by the UCO Bank on personal loan
Page 1 of 3
11 Provide attested photocopies of circulars/ instructions issued by the competent authority from time
to time regarding change of loan account of the borrowers?
12 What penalty is imposed on the borrower if the payment of EMI is made late?
13 What is the power vested in the manager, Sr. Manager, Chief officer, AGM, DGM etc for sanction
of personal loan?
14 What is the disciplinary action taken against the officers of UCO Bank who compelled the new
borrowers to sign on blank paper related to personal loan.
15 Provide attested photocopies of circulars/ instructions issued by the competent authority from time
to time to grant powers to manager , Sr. manager to compel borrowers to take blank cheques for
repayment of EMI, duly signed by borrowers?
16 Provide attested photocopies of circulars/ instructions issued by the competent authority from time
to time regarding monthly statement being issued by the branch of bank to each borrowers.
17 Not legible.
18 What was the rate of interest charged on savings bank account from 1.4.2002 to 31.3.2009
19 Same as question 11.
20 Provide attested photocopies of circulars/ instructions issued by the competent authority from time
to time regarding payment of notices issued by the advocate to the borrowers.
21 Provide attested photocopies of circulars/ instructions issued by the competent authority from time
to time regarding reply of letters of grievance of the borrower and disposal of grievance of the
borrowers.
PIO’s Reply:
The PIO provided information only on question 1 as information on other questions is exempted under
section 8(1) (e) (j) of the RTI Act 2005.
Grounds for First appeal:
Dissatisfied with the reply of the PIO.
The First Appellant Authority’s Order:
Not mentioned.
Grounds For Second Appeal:
No reply received from the FAA.
Relevant Facts emerging during Hearing on 26 August 2011:
The following were present
Appellant : Smt. Rajni on video conference from NIC-Jaipur Studio;
Respondent : Mr. A. S. Shekahwat, PIO & AGM on video conference from NIC-Jaipur Studio;
“The PIO has refused to give the information on all queries except query-1 claiming exemption
under Section 8(1)(e) & (j). No explanation has been given as to how any of these exemptions apply.
Information has been denied without any justification in the law. It is necessary that when a PIO
claims exemptions he must quote the relevant clause of Section 8(1) and also given some justification
as to how this exemption applies. The Commission asked the PIO to justify the denial of information
and he has been able to offer no justification for denial of information. His only statement is that the
FAA is telling him that internal circulars need not be given under RTI. This is a position which is
illegal and invites the penal provisions of Section 20(1) of the RTI Act.”
Decision dated 26 August 2011 :
The Appeal was allowed.
‘The PIO is directed to provide the complete information to the Appellant as per available
records before 20 September 2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO within 30 days as required by the law.
Page 2 of 3
From the facts before the Commission it appears that the PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. It appears that the PIO’s actions attract the penal provisions of Section 20
(1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission
to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 23 September 2011 at
4.30pm alongwith his written submissions showing cause why penalty should not be imposed on him
as mandated under Section 20 (1). He will also submit proof of having given the information to the
appellant.”
Relevant Facts emerging during the showcause hearing on 23 September 2011:
The following were present
Respondent : Mr. A. S. Shekahwat, PIO & AGM;
The PIO has given written submissions and represented that he was advised by the legal
department as well as the FAA that the information sought by the Appellant need not be provided and
it is exempted under Section 8(1)(e)&(j) of the RTI Act. The PIO has now provided the information as
per the order of the Commission. The Commission pointed out the PIO that the entire responsibility of
providing the information and the decision not to provide information has to be his and the penal
consequences will also have to borne by him. The PIO expressed regret and it appears that he had
made a genuine error of judgment. In view of this the Commission drops the penalty proceedings.
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
23 September 2011
(In any correspondence on this decision, mention the complete decision number.) (SU)