Information about action taken by bank to recover some amount from the dues of appellant’s late husband - CIC: Provide a copy of the notings leading to recovery while removing third party information such as the identity & other details of customers

Order

This matter, pertaining to an RTI application dated 10.7.2013 filed by the Appellant, seeking information on seven points regarding the action taken by the bank to recover some amount from the dues of her late husband and related issues, came up today. The Appellant stated that her husband, Shri Balwant Singh, was Manager of the Kaithal Branch of the Respondent Bank. After he passed away, the bank recovered some money from the amounts due to him on the ground that Shri Balwant Singh had been involved in some frauds. The information was sought by her in the above context. The Appellant stated that she was not satisfied with the reply of the CPIO to all the seven points of her application. The Respondents reiterated their decision to deny the information as it pertained to third parties.

2. We have considered the submissions made before us and note that most of the information sought by the Appellant concerns the deposits of third parties, in respect of which recoveries were made from the dues of Shri Balwant Singh, action taken against third party employees and an inspection report of the bank, which would contain a good deal of information concerning its customers. All the above information is exempted from disclosure under Section 8 (1) (e) and (j) of the RTI Act. At the same time, it is seen from the reply of the CPIO that no departmental enquiry was initiated against Shri Balwant Singh as the officer had already expired when the fraud was detected. Had Shri Balwant Singh been alive, he would have got some of the information, sought by the Appellant, in the course of an enquiry that would have been conducted against him. Since his dues, which would have come to the Appellant as his widow, have been adjusted against the amounts, allegedly misappropriated by him, the Appellant should at least be given the information about the basis on which the above action was taken. Therefore, the CPIO is directed to provide the Appellant a certified copy of the notings / report(s) of the bank leading to the recoveries from the dues of Shri Balwant Singh. While providing the above information, the CPIO should blot out third party information, if any, contained in the same, such as the identity and other details of the bank’s customers, under Section 10 of the RTI Act. Information as above should be provided to the Appellant free of charge, within thirty days of the receipt of this order, under intimation to the Commission.

3. With the above directions, the appeal is disposed of.

4. Copies of this order be given free of cost to the parties.

(Sharat Sabharwal)

Information Commissioner

Citation: Smt. Sunita Devi v. Indian Bank in File No. CIC/SH/A/2014/001428