Information regarding the loan account of a company was denied u/s 8(1)(h) - PIO: Matter relates to a fraud; CBI is investing the case and all the documents have been handed over to them - CIC: appeal rejected
23 Aug, 2014ORDER
1. This matter pertains to an RTI application dated 5.6.2013 filed by the Appellant, seeking information on two points regarding the loan account of M/s Aakriti Construction Concepts Pvt. Ltd. The CPIO responded on 14.6.2013 and denied the information under 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; 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; 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; 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, stating that the information sought was subject matter of investigation by CBI. The Appellant filed an appeal to the First Appellate Authority on 14.6.2013. In his order dated 25.6.2013, the FAA directed the CPIO to send another copy of his reply to the Appellant. The Appellant approached the CIC in second appeal on 14.8.2013.
2. This matter pertains to an RTI application dated 5.6.2013 filed by the Appellant, seeking information on two points regarding the loan account of M/s Sundeep Electric Works. The CPIO responded on 14.6.2013 and denied the information under 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; 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; 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; 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, stating that the information sought was subject matter of investigation by CBI. The Appellant filed an appeal to the First Appellate Authority on 14.6.2013. In his order dated 25.6.2013, the FAA directed the CPIO to send another copy of his reply to the Appellant. The Appellant approached the CIC in second appeal on 13.8.2013.
3. The Appellant was not present in spite of a written notice having been sent to him. One Shri Bhupinder Singh, claiming to be a Director in the Company of the Appellant was present in the NIC Studio, Chandigarh to represent him. He stated that the Appellant is in jail and he wanted to represent him on the basis of an authorization letter from his company. Since the RTI applications and the subsequent appeals were filed by the Appellant in his individual capacity and Shri Bhupinder Singh carried an authorization letter from his company and not the Appellant, he was informed that he could not be allowed to make submissions on behalf of the Appellant. We heard the submissions of the Respondents. They stated that a fraud was committed in two branches of their bank, located in Sectors 47 D and 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. in Chandigarh. The fraud was committed by the concerned parties in connivance with a Branch Manager of their bank, who was in charge of the above branches when the fraud was committed. The Respondent Bank filed a complaint with the CBI against the concerned parties, the Branch Manager in question and some staff of the bank. Vide their letter dated 21.5.2013, the CBI asked the bank to hand over all the documents concerning the accounts connected to the fraud to them. Accordingly, all the documents were handed over to the CBI. The Respondents stated that the matter is still under investigation. They reiterated their decision to deny the information under 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; 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; 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; 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.
4. We have considered the records and the submissions made before us by the Respondents. The fact that the CBI is conducting an investigation has not been contested. The fact that the information sought is the subject matter of the investigation has also not been disputed. In view of the foregoing, we uphold the decision of the Respondents to deny the information under 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; 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; 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; 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.
5. With the above observations, the two appeals are disposed of.
6. Copies of this order be given free of cost to the parties.
(Sharat Sabharwal)
Information Commissioner
Citation: Shri Tarsem Lal Singla v. Punjab and Sind Bank in File No. CIC/VS/A/2013/001335/SH File No. CIC/VS/A/2013/001468/SH