Information regarding the details of investigation & chargesheet filed against the then Sr. Manager and BO in the matter of fraudulently sanctioning of credit facility in favour of M/s. Shivam Textile was denied u/s 8(1)(e) & 8(1)(j) - CIC: denial upheld
1. The appellant, Shri Nem Pal, submitted RTI application dated 12 July 2011 before the Central Public Information Officer (CPIO), Punjab National Bank, Karnal; seeking information regarding the details of investigation and chargesheet filed against Shri H. L. Jhamb, the then Sr. Manager, BO A. R. Panipat in the matter of fraudulently sanctioning of credit facility in favour of M/s. Shivam Textile etc., through a total of 6 points.
2. Vide reply dated 10 August 2011, CPIO denied the information u/ss. 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; & (j) of the RTI Act, 2005. Not satisfied by the CPIO’s reply, the appellant preferred appeal dated 9 September 2011 to the first appellate authority (FAA), alleging that he had not been provided correct information by the CPIO concerned. Vide order dated 12 October 2011, FAA upheld the CPIO’s decision and also clarified the same.
3 Not satisfied with the response of the public authority, the appellant preferred second appeal before the Commission.
4. The matter was heard today via videoconferencing. The matter was heard today via videoconferencing. The appellant, Shri Nem Pal, did not participate in the hearing. The respondent bank was represented by Shri D. D. Gupta, Chief Manager and Shri D. N. Sharma, Senior Manager.
5. The CPIO submitted that the appellant had sought information about an account of Shivam Textile having industry in Panipat. The information sought for related to the third party and was held in fiduciary relationship with the bank. Therefore, the information was denied to him. The appellant is not related with the case in any way.
6. In view of the CPIO’s submissions, the appeal is dismissed and the case is closed.
Citation: Shri Nem Pal v. Punjab National Bank in Appeal: No. CIC/SM/A/2011/002608/MP