2023 Supreme(Online)(CIC) 3167
केीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi – 110067
ितीय अपील संया / Second Appeal No. CIC/BKOIN/A/2021/144960
Dinesh Kumar Sinha
… अपीलकता /Appellant
VERSUS
बनाम
CPIO: Bank of India
Ranchi
…ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 22.05.2021
FA
: 15.07.2021
SA
: 11.10.2021
CPIO : 28.06.2021
FAO : 13.08.2021
Hearing : 28.03.2023
CORAM:
Hon’ble Commissioner
SHRI SURESH CHANDRA
ORDER
(16.05.2023) 1. The issue under consideration arising out of the second appeal dated 11.10.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 22.05.2021 and first appeal dated 15.07.2021:-
(i) If an Officer/Branch Manager has conducted pre-sanction inspections in 4 cc/loan accounts only, whether charge of not carrying out proper pre sanction in 332 accounts. Can be attributable to him.
(ii) a. What is the guideline to upgrade the Loan/CC account from NPA to Standard?
b. Whether by depositing overdue amount by cash in NPA A/c, can it be upgraded to standard account?
c. Whether up-gradation of such NPA Account to standard needs to be done in finacle system (Computer) by modification?
d. If the answer of 2(c) is yes. Can "modification" be treated as manipulation of data? If answer is yes, furnish the certified copy of the Bank's guidelines.
e. Whether "modification" and "manipulation" is the same thing?
(iii) Whether activity of "Manufacturing of Readymade Garments" comes within the purview of CGTMSE Coverage?
(iv) How much collateral security / guarantee is required to be obtained where CGTMSE coverage is available? Etc. through 10 points.
2. Succinctly facts of the case are that the appellant filed an application dated 22.05.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of India, Ranchi, seeking aforesaid information. The CPIO vide letter dated 28.06.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 15.07.2021. The First Appellate Authority (FAA) vide order dated 13.08.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 11.10.2021 before the Commission which is under consideration.
3. The appellant has filed the instant appeal dated 11.10.2021 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 the complete information and take necessary action as per Section 20 (1) of the RTI Act.
4. The CPIO replied vide letter dated 28.06.2021 and the same is reproduced as under:-
“(i), (ii) (d), (vi), (vii), (viii), (ix), (x) “As per the decision taken by C1C in Avinash Agarwal by India Overseas Bank (CIC/IOVBK/A/2017/186064/ dated 28.12.2017), it was held that "the CPIO is not supposed to interpret the information: or to furnish replies to situational queries or to furnish clarification. The CPIO can only provide information that is available with him or held by him." The questions asked in the specified points are of such similar nature regarding which we are unable to furnish any information.
(ii) (a) : Any NPA account is upgraded to standard account as per the IRAC norms.
(ii) (b) :Yes, by depositing the overdue amount in cash the account can be upgraded to standard account if the account has become NPA due to insufficiency of funds.
(ii) (c) and (d): The said information is exempted under section 8(1)(d) as it is related to the functioning of our internal system.
(iii) : Yes, the "Manufacturing of Readymade garments" comes under the purview of CGTMSE coverage.
(iv) No such collateral/security is required to be obtained where CGTMSE coverage is available.
(v) The said information and the certified copy of the guidelines cannot be provided to you as it is an internal document and is exempted under Section 8 (1) (d).”
The FAA vide order dated 13.08.2021 and the same is reproduced as under:-
(i), (ii) (d), (vi), (vii), (viii), (ix), (x) has already been given by the CPIO in his reply dated 28.06.2021, expressly citing the decision taken by CIC in Avinash Agarwal v Indian Overseas Bank (CIC/IOVBK/A/2017/186064) stating that the CPIO is not supposed to interpret the information or furnish reply to situational queries.
We canno