O R D E R

(05.07.2023)

1. The issue under consideration arising out of the second appeal dated 14.02.2022 include non-receipt of the following information sought by the appellant through the RTI application dated 28.05.2021 and first appeal is not on the record of the Commission.

(i) The copy of the instructions / regulations of Punjab and Sind Bank / relevant instructions of RTI act supporting the denial of information as under "The information sought by you in your RTI applications regarding your loan accounts cannot be provided because the matter is sub judice"

(ii) The copy of the instructions / regulations of Punjab and Sind Bank / relevant instructions of RTI act supporting the denial of information as under "Disclosure of any information sought by you in your RTI applications may constitute contempt of court"

(iii) The copy of the orders of Hon’ble Consumer forum / any other a specific order forbidding the disclosure of the information by a competent court competent court on the basis of which the information was denied.

(iv) The copies of the instructions of Punjab and Sind Bank/ RTI Act/ any orders of any court by which the information was denied/ could be denied on the ground of the matter being sub judice before a court is one of the categories of information which is exempt from disclosure under any of the clauses of the RTI Act.

(v) The copies of the instructions / orders of the competent court what has been expressly forbidden disclosure of the information sought by the applicant what may constitute contempt of court.

(vi) The copies of the instructions / orders of the competent court what has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.

(vii) The copies of the instructions/orders Punjab and Sind Bank/RTI Act empowering the CPIO withholding the information on the ground of matter being sub judice is a ground to withhold the requisite information under the RTI Act, unless the desired information has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.

2. Succinctly facts of the case are that the appellant filed an application dated 28.05.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab & Sind Bank, Ludhiana, seeking aforesaid information. The CPIO vide letter dated 16.07.2021 replied to the appellant. Aggrieved by the same, the appellant filed second appeal dated 14.02.2022 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 14.02.2022 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 16.07.2021 and the same is reproduced as under:- “That on the direction given by the appellate authority to us through letter dated 10.06.2021 received by our Zonal Office on 28.06.2021, we have tried to find and extract the information sought by you in your RTI applications from our records in a true spirit and accordingly we are hereby providing you whatever the information has been found from our records. We have enclosed the particular information with this reply, please find the same.”

5. The appellant remained absent and on behalf of the respondent Shri Ram Sharan, CPIO/Asstt. General Manager, Punjab & Sind Bank, Ludhiana attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that they had given detailed reply vide letter dated 16.07.2021.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that due reply was given by the CPIO on 16.07.2021. It may be noted that the appellant filed a second round of