Appellant alleged that there was a fraud in the account of M/s Fiber Texfab Pvt. Ltd. & funds were misappropriated by forging his signature - CIC: Appellant to submit a Board Resolution authorizing him to obtain information concerning the company
18 Sep, 2017Appellant alleged that there was a fraud in the account of M/s Fiber Texfab Pvt. Ltd. and a few associates of the company misappropriated funds from the account by forging his signature - The company filed a complaint to the crime branch of the Mumbai Police and an FIR was registered - CIC: Appellant to submit a Board Resolution authorizing him to obtain information concerning the account of the company
Order
These files contain appeals in respect of the RTI applications dated 17.8.2015 (two applications) and 13.8.2015, filed by the Appellant, seeking information regarding the loan account of M/s Fiber Texfab Pvt. Ltd. Not satisfied with the response of the Respondents, he has approached the CIC in second appeal in all the three cases.
2. At the outset of the hearing, we informed the Appellant that he had sought information regarding the account of a company and asked him whether he was in a position to submit a Board Resolution of the company, authorizing him to get the information concerning their account. He stated that he would be in a position to do so.
3. With regard to the RTI application dated 17.8.2015 (File No. 992), filed to the Kolkata Office of the bank, seeking information on five points, the Appellant stated that there was a fraud in the account of M/s Fiber Texfab Pvt. Ltd. and alleged that a few associates of the company misappropriated funds from the account by forging his (the Appellant’s) signatures. The company filed a complaint to the crime branch of the Mumbai Police and an FIR was registered. The Mumbai Police forwarded their findings to the CVO of the bank. The bank has given the information concerning the fraud to the Mumbai Police and to a court to secure anticipatory bail for five of their officers. However, he has not been provided information in response to his RTI application dated 17.8.2015.
4. Shri Chittranjan Sahay, CPIO stated that the prayer of the Appellant in his appeal to the commission is to know the present status of the case, the outcome of discussions held with two vigilance officers on the subject matter and their approach towards filing FIR in the case of M/s Fiber Texfab Pvt. Ltd. having overdraft account with Juhu Vile Parle branch of the Respondent Bank. He further submitted that the present status is that according to the findings of the bank, an outstanding of Rs. 7,32,41,833/- in the above account is to be treated as fraud. It was also decided to loge an FIR with CBI, EOW, Mumbai against the borrower and guarantors. Shri Sahay stated that the bank lodged the FIR on 5.10.2016 with the CBI, EOW Wing. In response to our query, Shri Chittranjan Sahay, CPIO stated that he would be willing to convey the above status in writing to the Appellant. He is directed to do so, within seven days of the Appellant submitting to him a Board Resolution of M/s Fiber Texfab Pvt. Ltd., authorizing him to get the information concerning their account, under intimation to the Commission. The information should be provided free of charge. This would cover points No. 1 and 2 of the RTI application dated 17.8.2015. We note that the remaining three points of this application are in the nature of seeking the opinion of the CPIO and do not fall within the ambit of information as defined under Section 2 (f) of the RTI Act. Therefore, no action is required on these points.
5. In regard to the RTI application dated 13.8.2015 (File No. 88), filed to the Mumbai Office, seeking information on seven points, Shri S. K. Nijhawan, AGM stated that the Appellant was treated as a third party to the information and the information was, therefore, denied. The Appellant stated that he is the Director of the company and cannot be treated as a third party regarding the information concerning its loan sought in the application. In response to our query, the Respondents stated that they were willing to provide the information subject to the Appellant submitting a Board Resolution of M/s Fiber Texfab Pvt. Ltd., authorizing him to obtain the information concerning their account. The CPIO is directed to do so in respect of the points of the RTI application, with the exception of point No. 6, at which individual details of certain individuals have been sought. Such details, we note, is the personal information of the individuals concerned, exempted from disclosure under Section 8 (1) (j) of the RTI Act. Further, while providing the information, the CPIO should not verify and certify the signatures of directors on the documents, as requested in points No. 2 and 3 of the RTI application. In case the information in response to any particular point is not available on the records of the Respondents, the CPIO should state so in writing to the Appellant. The CPIO should comply with our above directives within thirty days of the Appellant submitting to the CPIO a Board Resolution as above, under intimation to the Commission. The information should be provided against payment of the prescribed photocopying charges, as applicable.
6. With regard to the RTI application dated 17.8.2015 (File No. 146), filed to the Mumbai Office of the Respondents, seeking information regarding five stop cheque entries, the Appellant stated that a copy of the request of the account holder to the bank in respect of the entries at points No. 3, 4 and 5 of the RTI application has not been provided. The Respondents stated that they have no such letter on their record and the stop payment was as per their system. The CPIO is directed to confirm to the Appellant in writing that there is no letter from the account holder in the possession of the Respondents in respect of the above entries and explain to the Appellant, if not already done, the reason for stop payment in these cases. The CPIO should comply CIC/SH/A/2016/000992 with our above directives, within ten days of the Appellant submitting to him a Board Resolution of M/s Fiber Texfab Pvt. Ltd., authorizing him to obtain information concerning the account of the company, under intimation to the Commission.
7. With the above directions and observations, the three appeals are disposed of. 8. Copies of this order be given free of cost to the parties.
Sd/-
(Sharat Sabharwal)
Information Commissioner
Citation: Shri Naresh Makani v. Allahabad Bank in File No. CIC/SH/A/2016/000992, CIC/SH/A/2016/000088, CIC/SH/A/2016/000146, Date of decision: 8th February 2017