Information regarding a loan obtained by a third party employee of the bank was sought claiming that the Appellant he had signed as guarantor for the loan - CIC: the PIO to examine the matter again if appellant provides proof of having stood as guarantor
19 Jul, 2014Facts
This matter pertains to an RTI application dated 27.7.2011 filed by the Appellant, seeking information on twelve points regarding a loan obtained by a third party employee of the bank. While seeking this information, the Appellant had stated that he had signed as guarantor for the loan to the third party employee. The CPIO responded on 1.8.2011. Not satisfied with the reply of the CPIO, the Appellant filed an appeal to the First Appellate Authority on 26.8.2011. In his order dated 28.9.2011, the FAA stated that the Appellant had already been informed that as per the bank’s record, he was not a guarantor concerning the loan to the third party employee. He had also been informed that the bank could examine his request for information further, in case he provided proof regarding his having provided a guarantee in respect of the loan to the third party employee. The Appellant approached the CIC in second appeal on 28.2.2012.
2. The Respondents reiterated the reply already given by them to the Appellant. The Appellant stated that he had given a guarantee in respect of the loan to the third party employee, but did not possess any proof concerning the same. The Respondents submitted that since their records do not show the Appellant as a guarantor, they are not in a position to provide the information sought by him.
3. Having considered the records and the submissions made before us, we direct the CPIO to examine the matter again and respond to the RTI application, in keeping with the provisions of the RTI Act, in case the Appellant provides proof in respect of his having provided a guarantee. The CPIO is further directed that in such an eventuality, the RTI application should be responded to within thirty days of receipt of the above mentioned proof from the Appellant.
4. With the above directions and observations, the appeal is disposed of.
5. Copies of this order be given free of cost to the parties.
(Sharat Sabharwal)
Information Commissioner
Citation: Shri P Senthamarai v. Bank of Baroda in File No. CIC/SM/A/2012/000500/SH