O R D E R

(15.02.2022)

1. The issues under consideration arising out of the second appeal dated 16.08.2019 include non-receipt of the following information sought by the appellant through the RTI application dated 15.04.2019 and first appeal dated 20.05.2019 :-

(cid:1) Vikas Aggarwal son of Late Shri Surinder Kumar Aggarwal ( S.K.

Aggarwal). Before his death, He was maintaining the following accounts with respondent bank i.e Bank of lndia, Rai Market Branch, Ambala Cantts Branch Code: 006710 IFSC Code: BKID006710 for which- information under Right to Information Act 2005 is being sought, whether in his name or in the name of his Sole Proprietary concern V.S.lnstruments. Copy of applicant’s Aadhar card attached. Copy of death certificate of Late Sh. Surinder Kumar Aggarwal is also attached. Provide following information under Right to Information Act 2005:-

(i) Balance details of OD Account no. *************387 in the name of Late Shri Surinder Kumar Aggarwal ( S.K. Aggarwal) . Name of the nominee registered in the above account. Date on which nomination was registered.

(ii) Balance details of Savings Account no. *************7OO in the name of Late Shri Surinder Kumar Aggarwal ( S.K. Aggarwal). Name of the nominee registered in the above account. Date on which nomination was registered in the above account.

(iii) Balance details of FDR no. *************019, Name of the nominee registered in the above FDR. Date on which nomination was registered in the above FDR.

(iv) Whether the money in the above three accounts has been transferred to any other person. If yes, give details of the person and date on which amount in above accounts has been transferred.

2. Succinctly facts of the case are that the appellant filed an application dated 15.04.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of India, Chandigarh, seeking aforesaid information. The CPIO vide letter dated 15.05.2019 replied to the appellant. Aggrieved with the same, the appellant filed first appeal dated 20.05.2019. The First Appellate Authority (FAA) vide order dated 04.06.2019 disposed of the first appeal. Aggrieved by that, the appellant filed a second appeal dated 16.08.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 16.08.2019 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 15.05.2019 and the same is reproduced as under:-

“The information sought vide point No. 1 to 3 falls within the exempted category under section 8(1)(d) of the RTI Act, hence cannot be furnished.”

The FAA vide order dated 04.06.2019 upheld the reply given by the CPIO.

5. The appellant and on behalf of the respondent Shri Eeswar Kumar, Dy. Zonal Manager & CPIO, Bank of India, Chandigarh attended the hearing through audio conference.

5.1. The appellant inter alia submitted that he was son of Late Shri Surinder Kumar Aggarwal and not a third party as claimed by the respondent. The information sought by him pertained to his deceased father’s account and he had got to know that securities and balance amount in savings bank account in Ambala Cantt Branch had been transferred to Smt. Nirmal Aggarwal. He argued that he had filed a civil suit before Additional Civil Judge and the disclosure of the information was crucial for that case. Moreover, he being the legal heir as reflected in his identity proof furnished to the respondent, he was entitled to the information.

5.2. The respondent while defending their case inter alia submitted that as per their records Smt. Nirmal Aggarwal and the appellant were in legal dispute and Smt. Aggarwal had denied the bank to share any information with the appellant. Therefore, the information was declined to the appellant under provision