Compliance of CIC order and information about family pension - CIC: No reasonable grounds mentioned for delay in filing Appeal; Law assists only those who are vigilant - CIC: On humanitarian grounds, meet with the Appellant to redress the grievance
4 Sep, 2023Information sought:
The Appellant filed an RTI application dated 22.10.2020 seeking the following information:
“1. Whether compliance of the order dt. 26/6/2019 in CIC Case No has been made/done by the bank? If yes, complete details be given, along with supply of copies of the entire documents relevant to the same.
2. Whether any letter/document has been filed by the bank in the C.I.C. between 27/6/2019 and today, related to the proceedings with the undersigned? If yes, copies of all such documents be supplied.
3. Correct/Exact date of transfer of Family Pension of Family Pensioner Manipur State to Haryana (Chandigarh) for disbursal through this bank branch be supplied, as per entry in the pension book in custody of the bank [PPO No. 8906/OS Manipur. SS Pension (SSA-Manipur 2002-03 dt. 31/3/03).
4. Complete details of the Family Pension disbursed starting date of transfer to Haryana from New-Delhi: in year 2003, be supplied month-wise.
4a. Whether Family Pension was disbursed every month till last disbursal for October 2011? If not, then complete details of months for which not disbursed be given.
5. All letters/ correspondence in respect of stoppage of disbursal of Family Pension of Mrs. Urmila Jain Manipur State from this branch, in the year 2011, be supplied.
6. Whether any instructions have been received from the superior authorities to not allow the legal heir of late Family Pensioner Mrs. Urmila Jain, to inspect the Pension file? If yes, copy of the said letter/memo/letter be supplied.
7.Complete address of the RBO of the bank relevant to Jind city. be supplied. Along with telephone nos., Fax no.. e-mail id. and complete particulars of the officer In Charge, as also complete postal address.
8. Complete particulars of the (i) AGM (ii) DGM (iii) GM/Chairperson S.B.I. Haryana Circle. relevant to Jind city, along with complete postal addresses. telephone nos., Fax Nos and e-mail ids be supplied.
9. Copies of all Circulars/Rules/ Policy-documents of the Bank, as also relevant document(s) of approval by RBI, be supplied, in respect of entire deductions being made for various services, relevant for 'Savings' accounts in this branch.
10. Complete rules/policy-document of the bank be supplied, relating to the rules/procedure/policy of the bank, in respect of sending telephonic messages to an account holder of the bank, for debit or credit of money from/ into his account.
11. Complete address, along with telephone Nos and Fax Nos. of the office be given where telephonic messages are readied, as templates, and /or new messages not on template, which are being utilized for transactions in SBI MSA Branch Jind.
11a. Complete particulars, along with address, telephone Nos. Fax Nos. and e-mail ids of the person In-Charge of the (i) telephonic "Message' Centre /office (ii) Incharge of the telephonic messaging, be supplied.”
The CPIO furnished a pointwise reply to the Appellant on 27.11.2020 stating as under:
“1. CIC orders dated 26.06.2019 CIC had facilitated you inspection of the pension file of Late Mrs. Urmila Jain and obtain the certified copy of documents available in branch upon inspection. Copy of remaining documents available at branch after fire accident in branch premises on 19.09.2013 are enclosed.
2. Please refer to reply at point no. 1.
3, 4 & 4a: This query has been transferred to CPIO, CCPC, Chandigarh, for direct response.
5. If a life certificate is not submitted by the pensioner, then pension stops automatically.
6. There is no such type of instruction issued by superior authority regarding disallowing legal heirs of late family pensioner to inspect the file.
7. Address of RBO relevant to Mini sect. Jind Branch : Regional Manager, State Bank of India, Regional Business Office, Delhi Bye Pass Road, Rohtak.Phone:01262- 285074, email id:agmr1.zoroh@sbi.co.in
8. (i) Please refer to reply 7.
(ii) Address of DGM B&O, SBI, Administrative Office, Delhi, Bye Pass Road, Rohtak Tel. 01262-266727, email id:dgmroh.lhocha©sbi.co.in
(iii)Address of GM: General Manager (Network II), State Bank of India, LHO, Scetor 17-A, Chandigarh. Tel. No. 0172-4567543, email id: pstogm2.1hocha@sbi.co.in
9. Service charges pertaining to saving account are available on our website www.sbi.co.in under Tab Information and services —services.
10. Copy of latest circular dl 06.06.2019 is enclosed
11. SMS facility is managed by "bulksmshub" and there is no manual intervention. They are system generated.
11a. Please refer to reply at point no.11.”
Being dissatisfied, the Appellant filed a First Appeal dated 25.01.2021. FAA’s order, dated 04.03.2021, held as under:
“Point No. 1, 6, 7, 8, 10, 11 & 11(a):
CPIO has appropriately death with RTI at this point and provided information south as available with him. Therefore, there is no need to give any directions to the CPIO in this regard Point No. 2, 3, 4, 4a, 5 & 9:
The CPIO is directed to relook on these points and provide an appropriate reply to the applicant within 15 days of the receipt of this order.”
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through Video-Conference.
Respondent: Bhupendra Singh, Chief Manager present through Video-Conference.
At the outset, the Commission asked the Appellant, the reasons regarding inordinate delay in filing of instant Appeal. The Appellant failed to tender any cogent response and harped on the fact that he is not satisfied with the reply given by the CPIO.
The Respondent submitted that vide their letters dated 27.11.2020 and 08.04.2021, complete point-wise reply/information, as per the documents available on record was provided to the Appellant.
At the outset, the Commission asked the Appellant, the reasons regarding inordinate delay in filing of instant Appeal. The Appellant failed to tender any cogent response and harped on the fact that he is not satisfied with the reply given by the CPIO.
The Respondent submitted that vide their letters dated 27.11.2020 and 08.04.2021, complete point-wise reply/information, as per the documents available on record was provided to the Appellant.
Decision:
The Commission at the outset upon a perusal of records observes that the instant appeal is based on the RTI Application which was filed in the 2020. Further, the Appellant neither in his Appeal nor during the hearing mentioned any reasonable grounds for such inordinate delay in filing of the Appeal in the year 2022 i.e. after a year. He only harped on the fact for getting relief under the RTI Act.
In this regard, the Commission would like to bring attention of the Appellant towards a legal maxim i.e. “Vigilantibus Non Dormientbus Jura Subveniunt” which means the law assists only those who are vigilant and not those who sleep over their rights.
On the issue on maintainability of Second Appeal, the relevant provision with regard to filing of Second Appeal is Section 19 (3) of the RTI Act, 2005, as per which a Second Appeal against the decision of the First Appellate Authority shall lie within 90 days from the date on which the decision should have been made or was actually received, with the Central Information Commission.
Nonetheless, the Appellant has a grievance related to his family pension, etc., therefore, in the interest of justice and on humanitarian grounds, the Commission directs the Respondent to facilitate a meeting with the Appellant in their office on a mutually convenient time and date and effort should be made to redress the grievance of the Appellant in a time bound manner.
No further intervention of the Commission is required in the matter.
The appeal is disposed of accordingly.
Saroj Punhani
Information Commissioner
Citation: R K Jain v. State Bank of India, CIC/SBIND/A/2022/115640; Date of Decision: 02/08/2023