2023 Supreme(Online)(CIC) 6096
के(cid:3)(cid:4)ीयसूचनाआयोग Central Information Commission बाबागंगनाथमाग(cid:19),मुिनरका
Baba Gangnath Marg, Munirka नई(cid:21)द(cid:23)ली, New Delhi – 110067 ि(cid:26)तीयअपीलसं(cid:30)या / Second Appeal No. CIC/CBIND/A/2022/615647 … अपीलकता(cid:19)/Appellant Kalp Nath Verma VERSUS बनाम CPIO:
Central Bank of India …(cid:31)ितवादीगण/Respondents Varanasi Relevant dates emerging from the appeal:
| RTI : 09.02.2022 | FA : 25.02.2022 | SA : Nil |
| CPIO : 24.02.2022 | FAO : 10.03.2022 | Hearing : 16.08.2023 |
O R D E R
(29.08.2023)
1. The issue under consideration arising out of the second appeal dated nil include non-receipt of the following information sought by the appellant through the RTI application dated 09.02.2022 and first appeal dated 25.02.2022:- (a) Can the bank branch (Central Bank of India, Ratnapura, Mau U.P.) debit the premium amount for Pradhanmantri Fasal Bima Vojna from the account of KCC holders who have not taken any loan presently from KCC, without the permission/consent of the customers?
(b) If the answer of (a) is yes, then provide with the latest approved copy of such policy/letter.
2. Succinctly facts of the case are that the appellant filed an application dated 09.02.2022 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Bank of India, Varanasi, seeking aforesaid information. The CPIO vide letter dated 24.02.2022 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 25.02.2022 The First Appellate Authority (FAA) vide order dated 15.03.2022 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated nil before the Commission which is under consideration.
3. The appellant has filed the instant appeal dated nil 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 24.02.2022 and the same is reproduced as under:
“It is not mandatory for borrowers having KCC account to have Pradhan Mantri Fasal Bima Yojna. But they have to give in writing that they don't want Pradhan Mantri Fasal Bima Yojna.’’
The FAA vide order dated 10.03.2022 appropriate reply had been given by the CPIO.
5. The appellant remained absent and on behalf of the respondent Shri Prem Yadav, Dy. Regional Manager, Central Bank of India, Varanasi attended the hearing through video conference.
5.1. The respondent while defending their case inter alia submitted that they had already replied to the RTI application vide letter dated 24.02.2022. They further submitted that it was not mandatory for borrowers having KCC account to have Pradhan Mantri Fasal Bima Yojna. But the customers had to give in writing that they did not want Pradhan Mantri Fasal Bima Yojna.
6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the appellant’s apprehension appeared to be that his account was being debited on account of premium for Pradhan Mantri Fasal Bima Yojna. The respondent in their reply informed that it was not mandatory for the KCC borrowers to have Pradhan Mantri Fasal Bima Yojna. But they have to give in writing that they did not want Pradhan Mantri Fasal Bima Yojna. It was an ambiguous statement on part of the respondent. On one hand it meant that it was not mandatory and on the other hand the burden was put on K.C.C account holders. Therefore, in the interest of justice, the respondent is directed to provide a copy of the policy and guidelines under which the burden was on the KCC account holders to give in writing that they did not want Pradhan Mantri Fasal Bima Yojna, within two weeks from the date of receipt of this order. With these observations and directions the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/- (Suresh Chandra) (सुरेशचं(cid:8)ा)
Information Commissioner (सूचनाआय(cid:14)ु )
(cid:21)दनांक/Date: 29.08.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#)
Dy. Registrar (उपपंजीयक)
011-26181927(०११-२६१८१९२७)
Addresses of the parties:
THE CPIO: CENTRAL BANK OF INDIA REGIONAL OFFICE, LANKA, VARANASI, UTTAR PRADESH- 221005 THE FIRST APPELLATE AUTHORITY CENTRAL BANK OF INDIA REGIONAL OFFICE, 1ST FLOOR,73, HAZRATGANJ, LUCKNOW, UTAR PRADESH-226001 SH. KALP NATH VERMA