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Thread: Opinion on RTI reply by Bank

  1. Opinion on RTI reply by Bank

    I have been assisting one of my friends in getting information under RTI Act of his NSC loan account from a nationalized bank, which has not been giving it on simple requests, as large amount of money has been defrauded in the account with staff collusion. I have following queries:
    1. The RTI application was submitted at designated post office, which accepted it with Rs.10/- fees. However, the Bank insisted that we should pay Rs.10/- again to them, as application fee and averred that post offices are not authorized to accept RTI applications for central government undertakings.
    2. We had sought internal audit queries and replies by the branch pertaining to friend’s own account. The information was denied stating as under:
    “The information sought by you are of commercial value therefore they are prohibited as per the provisions of RTI Act. The disclosure of such information has no relationship with any public activity. Moreover these are all internal matters which cannot be shared with public.”
    3. We had requested for certified photo copies of circulars of head office/controlling office which prescribe procedure of disbursement of NSC/KVP loans. The information is declined for the following reasons:
    “The circulars are meant for internal circulation only, therefore it cannot be shared with public. The disclosure of such information has no relationship with any public activity. Therefore they are prohibited as per the provisions of RTI Act”

    4. PIO has supplied photocopies of some papers without certifying them as true copy. We had asked for certified photocopies.
    Does it amount to improper compliance?
    I shall be obliged to have opinions/suggestions on these issues. <O<O

  2. Re: Opinion on RTI reply by Bank

    Dear jps50,

    Remitting through a designated post office is a valid mode. Please refer to a recent decision of CIC in respect of a similar refusal by Canara Bank in the following thread/post:

    Regarding rest of the points raised by you, I feel that you have a valid case for appeal. If possible, post the essential points of your RTI application and the verbatim reply given by the bank concerned to enable our members to understand the situation correctly and come out with their suggestions.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  3. #3
    Col NR Kurup (Retd)
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    Re: Opinion on RTI reply by Bank

    Let me make an effort to clarify part of the querries:
    1. I have my reservation in using designated Post Masters as ACPIO though many donot agree with my view that the RTI Act does not assign the responsibility of ACPIO of all departments to the Post Masters except that within the Postal Departments. Other departments have no jurisdiction to imposs their responsibility to the Post Masters free of charge. No one can enforce the Postal Department to bear the expense of Rs.10/- required forRTI Applicatioon. Of cource any one can avail their services purely on commercial basis within the frame work of the Postal departmental Rules. In your case irrespective of the amount you paid to postal deparment unlesss you pay Rs.10/- I don't think that the bank is liable to entertain the application (My personal view). I personally donot agree with some of the decisions of CIC. CIC being not a court of records their orders are not a precedence like Supreme Court and High Court decisions.
    2. Unless one studies the case in detail with full information it is little difficult to give a correct opinion
    3. The information denied does not fall under any of the excemptions. You may prefer an appeal
    4. "the right to information" include right to obtain "certified copies of documents" as specified in Section 2(j)(ii) of the act. I would call it malafide denial for informatrion or knowingly giving incomplete information or even denial of information as without certifying it as correct it has no authenticity. You may proceed with first appeal
    Last edited by colnrkurup; 23-10-07 at 12:09 PM.

  4. #4

    Re: Opinion on RTI reply by Bank

    I agree with Kurup. Banks must accept 'cash' for the RTI fees which is never seen in practice yet. Every bank branch must accept the RTI application in the capacity of ACPIO. Govt can direct the banks to do so .
    Last edited by ganpat1956; 06-08-08 at 09:23 PM.


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