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2023 Supreme(Online)(CIC) 4059

के(cid:3)(cid:4)ीय सचू ना आयोग Central Information Commission बाबा गंगनाथ माग,(cid:10) मुिनरका

Baba Gangnath Marg, Munirka नई (cid:11)द(cid:13)ली, New Delhi – 110067 ि(cid:16)तीय अपील स(cid:20)ं या / Second Appeal No. CIC/PNBNK/A/2021/609363 Ayushi Mishra … अपीलकता/(cid:10) Appellant VERSUS बनाम CPIO: Punjab National Bank Nagpur …(cid:23)ितवादीगण/Respondents Relevant dates emerging from the appeal:














RTI \n: 17.09.2019FA \n: 28.11.2019SA \n : 05.03.2021
CPIO : 19.10.2019FAO \n: 30.12.2019Hearing : 01.11.2022
Hon’ble Commissioner SHRI SURESH CHANDRA

O R D E R

(17.01.2023)

1. The issue under consideration arising out of the second appeal dated 05.03.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 17.09.2019 and first appeal dated 28.11.2019:- (i) Details of any kind (Saving/Current/PIGMY or any other) of bank accounts in the name of Late Mr. Deepak Narendra Mishra or in which he was a nominee.

(ii) Details of any kind (Saving/Current/PIGMY or any other) type of bank account in the name of Mrs. Kumudini Narendra Mishra (Applicant’s grandmother and mother of Late Mr. Deepak Narendra) or in which she is a nominee.

(iii) Details of any kind (Saving/Current/PIGMY or any other) type of bank accounts in the name of Late Mr. Deepak Narendra Companies ivz – M/s Blue Flame Traders, M/s Sai Construction, M/s Sai Motors, Hotel Saurabh International, Nagpur etc.

(iv) Details of any kind (Saving/Current/PIGMY or any other) type of bank accounts in the name of Ms. Ayushi@Deepshikha Deepak Mishra or in which she is nominee etc.

(v) Details of HUF (Hindu Undivided Family) of which any one or any two or all three of the following were members:

• Late Mr. Deepak Narendra Mishra.

• Ms. Ayushi@ Deepshikha Deepak Mishra.

• Mrs. Kumudini Narendra Mishra (vi) Details of HUE (Hindu Undivided Family) in the name of my Late Father Late Mr. Deepak Narendra Mishra' s firm in the name and style - "M/S Blue flame traders", Hanuman Nagar, Nagpur.

(vii) Details of any kind of Joint accounts in which Late Mr. Deepak Narendra Mishra was one of the Account Holders or in which he was a nominee.

(viii) Details of any kind of Joint accounts in which Mrs. Kumudini Narendra Mishra is one of the Account Holders or in which she is a nominee.

(ix) Details of any kind of Joint accounts in which Ms. Ayushi @ Deepshikha Deepak Mishra is one of the Account Holders or in which she is a nominee.”

2. Succinctly facts of the case are that the appellant filed an application dated 17.09.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Nagpur, seeking aforesaid information. The CPIO vide letter dated 19.10.2019 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 28.11.2019. The First Appellate Authority (FAA) vide order dated 30.12.2019 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 05.03.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 05.03.2021 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide complete information and take necessary action as per Section

20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 19.10.2019 and the same is reproduced as under:- “In this regard we would like to inform you that the information desired by you is personal information. Hence, it cannot be shared & it is exempted under Section 8 (1)

(j) of RTI Act, 2005.

Furthermore, we inform you that you have not submitted any document to establish your legal heirship with the deceased person.”

The FAA vide order dated 30.12.2019 upheld the CPIO’s reply.

5. The appellant attended the hearing through video conference and the respondent remained absent despite notice.

5.1. The appellant inter alia submitted that she sought information regarding the bank account details of Late Shri Deepak Narendra Mishra, Mrs. Kumudini Narendra Mishra and Ms. Ayushi @ Deepshikha Deepak Mishra maintained (appellant) with the respondent bank. She further submitted that she had attached the death certificate of her father Late Mr. Deepak Narendra Mishra, birth certificate as well as identity proof of Ms. Ayushi @ Deepshikha Deepak Mishra (the Applicant) and the identity proof of Mrs. Kumudini Narendra Mishra (Applicant’s grandmother), partnership deed of M/s Blue flame traders with the instant RTI application. T

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