RTI denials for internal circulars invalid without Section 8 exemptions; third-party beneficiary lists exempt under S.8(1)(j); sever per S.10.

ORDER

1. The Appellant filed an RTI application dated 10.10.2022 seeking information on the following points:

 “Regarding Cheque Return/Cheque bounce Charges & all Circulars/Orders issued by PNB board in Special Scheme for One Time Settlement (OTS) of Non-Performing Assets since 1st April, 2011 till date.

(i) As per bank rules Pl. explain in details, what is meant by Cheque bounce/ Cheque Return & whether the Bank Charges for the same. If yes, Pl. provide certified copies of all circulars issued by competent authority of Punjab National Bank for the same.

(ii) If the customer have sufficient balance in his account in such circumstance under what condition the customer's cheque may be returned by the banker.

(iii) Since 1st April, 2011 till date, how many times Board of Punjab National Bank has come out with the Special Scheme for One Time Settlement (OTS) of Non- Performing Assets (NPA). Pl. Provide certified copies all the Circulars/Orders issued by Competent Authorities of PNB for the same.

(iv) Pl. Provide certified copy of lists of all eligible OTS beneficiaries from 01/4/2011 till date.”

2. The CPIO replied vide letter dated 09.11.2022 and the same is reproduced as under :-

“The information sought is an internal correspondence/communication. Hence cannot be provided.”

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.12.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 16.01.2023 and the same is reproduced as under:-

(i) “(a) As per Bank rules, Cheque bounce/Cheque return means a Cheque that is not paid by the financial institution on which it was drawn. The usual reason for a returned Cheque is that the account on which it was drawn does not contain enough funds to pay for the full amount of the Cheque.

(b) Cheque returning charges are levied as per Banks internal guidelines from time to time.

(c) Certified Copies of all Circulars cannot be provided as the information sought is an internal correspondence/communication.

(ii) There are different circumstances under which the cheque may be returned if the customer have sufficient balance in his account. The different reasons are given below-

1. Effects not cleared, present again

2. Exceeds Arrangement

3. Refer to drawer

4. Kindly contact drawer/Drawee Bank and please present again.

5. Drawer’s Signature Incomplete.

6. Drawer's Signature Illegible.

7. Drawer's Signature differs.'/

8. Drawer’s Signature required.

9. Drawer's Signature not as per mandate:

10. Drawer’s Signature to operate account not- received.

11. Alteration require drawer’s authentication.

12. Payment stopped by drawer.

13. Instrument Postdated.

14. Instrument out dated/stale

15. Instrument undated /without proper date.

16. Cheque irregularly drawn/amount in words and figures differ.

17. Payee's endorsement required.

18. Alteration on instrument-other than-"Date”

19. Fake/Forged/Stolen-draft/Cheque/cash Order/interest warrant/dividend warrant.

20. Payment stopped by attachment order.

21. Payment stopped by court order.

22. Withdrawal stopped owing to death of account holder.

23. Withdrawal stopped owing to lunacy of account holder.

24. Withdrawal stopped owing to insolvency of account holder.

25. Wrongly delivered /not drawn on us.

26. Account closed

27. Title of account required.

28. No such account.

29. Other reasons.

The above mentioned are some of the reasons on which the cheque may be returned. However, there are various reasons for which the cheque can be returned depending on the different circumstances.

(iii) The information sought is an internal correspondence/communication. Hence, cannot be provided.

(iv) The information sought is an internal correspondence/communication. Hence cannot be provided.”

4. Aggrieved with the FAA’s order, the App