Appellant’s ATM card was stolen & the offenders withdrew some amount from it - Respondent: the issue is under investigation by the police authorities & disclosure is exempt u/s 8(1)(h) - CIC: provide inspection of CCTV footage of the relevant period
28 Feb, 2015ORDER
1. The appellant, Shri B. Bala Krishan Reddy, submitted RTI application dated 06.05.2013 before the Central Public Information Officer (CPIO), State Bank of India, Prakasham District seeking information on five points:-
(a) Transaction details (i.e. Transaction No. Time, CCTV footage, still photos;
(b) Before and after half an hour CCTV footage,
(c) Before and after half an hour still photos,
(d) Extract of each angle footage and
(e) variation of time among the SBI standard time, ATM CCTV time and ATM time, as his ATM card was stolen on 24/25 March 2013 night and the offenders withdrew Rs. 3000/- and Rs. 5000 from the said ATM Card on 25.3.2013.
The appellant had also enclosed a copy of the FIR lodged in this regard.
2. The CPIO vide letter dated 4.6.2013 informed the appellant that the issue was under investigation with police and related records had been handed over to the police by the SBI, Markapur Branch. Dissatisfied with the reply of the CPIO, the appellant preferred appeal on 22.6.2013 before the FAA. The FAA vide order dated 29.7.2013 while upholding the reply of the CPIO recorded that the issue was under investigation by the police authorities, the same was exempt from disclosure u/s 8(1) (h) of the RTI Act.
3. Thereafter the appellant preferred the present appeal before the Commission.
4. The matter was heard by the Commission. The appellant stated that the information was denied by the respondents, initially by the CPIO without quoting the provisions of Section 8 and later by the FAA by quoting the provisions of Section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act. The respondents stated that the CCTV footage along with relevant records had been provided to the police authorities. The police could not correlate the data and sought additional information from the respondent. The respondents have no objection in showing the CCTV footage of the relevant period to the appellant.
5. In view of above submissions of the respondents, the Commission directs the CPIO to provide an opportunity to the appellant for inspection of the CCTV footage of the relevant period on a mutually convenient date and time within two weeks of receipt of this order. The appeal is disposed of.
(Manjula Prasher)
Information Commissioner
Citation: Shri B. Bala Krishna Reddy v. State Bank of India in Appeal: No. CIC/MP/A/2014/000072