O R D E R

(23.12.2021)

1. The issues under consideration arising out of the second appeal dated 10.06.2019 include non-receipt of the following information raised by the appellant through the RTI application dated 03.10.2018and first appeal dated 24.11.2018:-

(a) “In regard to Saving Bank account being No. **********7909 in the name of “PEARL DROP APARTMENT OWNERS ASSOCIATION FUND” is lying at BOB, Charu Market Branch, 9, D.P.SASMAL Road, Kolkata – 700033, West Bengal? Yes/No. If yes, which year the said account is open? Documents require opening the said account? Supply the authenticated copies of the said document.

(b) At that point of time, how many person/people jointly operated the said account?

(c) Do you know, after reconstitution of the executive committee, the said account is operated by three people/person namely Dr. Indranil Mukherjee (President), Arunava Dasgupta (Secretary) and Abhijit Dasgupta (Treasurer) jointly? Yes/No.

(d) Do you know the said account is operated jointly as a cheque signing authority on the basis of the resolution adopted in the general meeting of the said association? If yes, supply the authenticated copy of the said document.

(e) Do you know the copy of the memorandum of association is lying with you? If yes, please supply the authenticated copy of the said document.

(f) Let me know that on the basis of which document, Branch Manager and/or officers of Charu Market Branch have allowed the aforesaid person to operate the said account single instead of jointly as a cheque signing authority? Supply me the authenticated copy of the said document.

(g) Do you know that in this regard no resolution adopted by the members of the said association? No general meeting of the said association held and no approval accorded? Yes or No? If yes, how your officer allowed them to operate the said account single instead of jointly? If your reply is no, do you think that the said officer/officers violate the rules and regulation of the bank?

(h) Do you know as per West Bengal Apartment Owners Association Act 1973 that Bank account of any association is to be operated as a cheque signing authority by Secretary, President and Treasurer jointly? Yes/No.

(i) Do you know recent amendment of the said act that cheque signing authority shall be vested on President and Treasurer jointly? Yes/No.

(j) Do you know that the said association have not prepared/adopted any memorandum of association in respect of the maintenance of common area? Yes/No.

(k) Do you know that a resolution adopted and ratified by the members of the association, that the aforesaid association shall run as per the West Bengal Apartment ownership act 1973 and the said resolution along with the memorandum of association was submitted/filed to the said branch at the time of opening the said saving bank account in the name of “PEARL DROP APARTMENT OWNERS ASSOCIATION FUND”. If yes, please supply me the copies of the authenticated document.

(l) Do you know that reconstitution of the executive committee held in the month of December 2016? Yes/No.

(m) Let me know that why your officers are allowing Abhijit Dasgupta to withdraw the deposit from the fund of the association? In this regard I have already intimated your branch manager through e-mail and letter dated 16.06.2018 that he is neither treasurer nor a member of the present executive committee? No steps/action have been taken in respect of my said letter? If any action is taken, please supply me the said authenticated document.

(n) Do you know that I have sent an application on 30.08.2018 in respect of the aforesaid subject to the Branch Manager, of the said branch and received the same on 01.09.2018 along with requisite fees of Rs. 10/- by IPO being No. 23F 156532. At that time I have no knowledge that he is not a PIO. In this regard, I do hope, as per RTI Act 2005 under Sec. 6 sub sec. 3 (i) & (b), the Branch Manager as a public authority shall transfer the application or such part of it as may be appropriate to tha