Sunday, September 26, 2010

CIC: Great blunder of Dena Bank unearthed

CIC provided information denied by dena bank on pretext of exemption u/s 7(9) of rti act. Great blunder of Dena Bank unearthed.
CIC PROVIDED INFORMATION DENIED BY DENA BANK ON PRETEXT OF EXEMPTION U/S 7(9) OF RTI ACT. GREAT BLUNDER OF DENA BANK UNEARTHED.

DB/NIR/LEG/201/2009 dated 12-09-2009 of CPIO

Rajneesh Madhok Vs. Central Public Information Officer, Dena Bank, North Regional Office, S.C.O. 66, 2nd Floor, Sector-11, Panchkula-134112

I appeared before Hon'ble Information Commissioner, Shri Satyananda Mishra on 24th September, 2010 regarding my appeal against Dena bank, North Regional office. As the information sought has been denied by the said PIO on the pretext of Exemption U/s 7(9) of RTI Act that the information sought by the appellant will disproportionately divert the resources of the Bank and hence exempted U/s 7(9) of the RTI Act.

The access to information has been denied because during the hearing a great BLUNDER OF DENA BANK UNEARTHED. On my plea that the PIO kindly asked to provide reasons how he had come to the conclusion that Section 7(9) is applicable on the application. The PIO could not provide the satisfactory answers to the query.

The case is that Dena Bank had deducted TDS from their customers in the Session 2008-09 twice. On getting refusal to provide information the First appeal and then second appeal had been made.

Query No. 1 C. Kindly provide the name and address and telphone number of the officials wh manage the software installed at Dena Bank.

PIO'reply: Bank is functioning through its employee under designation and not by their names. Hence the information sought by you can not be provided

My plea: Sir, I want to know the software was installed by the bank's staff or by outsourcing company. Whether it was installed at branch level, Regional level or India level.

CIC asked: Who had installed the software? Whether it was installed at branch level or state level or India level.

PIO replied: It was installed at All India level and Wipro has installed the software.

CIC's Direction: Then provide in writing that Wipro has installed the software. What is the hitch to provide the name of the company that installed the software. The information sought should be provided in writing as per the demand of the appellant.

Query No.1.d: Kindly provide me the information that how many account holders of Dena bank had been credited with the interest twice in the session of 2008-09.

PIO's reply: The information sought by you disproportionately diverts the resources of the Bank and hence exempted u/s 7(9) of theRTI Act 05.

My Arguments at CIC : Sir, the information sought has no relation with the diversion of resources. The PIO is intentionally not providing the information.

CIC orders: CIC has directed to provide the information.

Query No.1.g.: Kindly provide me the information that how much customers have been affected with the wrong calculation of Dena Bank and how much amount had been wrongly deducted by Dena Bank from its customers.

PIO's reply: The information sought by you disproportionately divert------- hence exempted U/s 7(9) of the RTI Act.

My arguments: Sir, this is the case of system fault and I urged the CIC to kindly ask the PIO that whether this was branch level fault, Punjab Region level fault or Country level fault.

CIC Queried about: The PIO told that the system was at fault at All India level.

CIC asked me what is your query, whether you want the details about the affected customers at all India level.

My answer: Sir, I have put the query before the North India Region Dena Bank's office. And so the PIO of North India Dena Bank should provide me the information regarding how many customers of Dena Bank got affected with faulty system.

Query No. 3: Kindly provide me the names and addresses of the internal and external auditors who conduct the audit in Dena Bank and provided wrong Audit report.

PIO's Reply: The audit of Dena Bank is conducted by central stautory auditors appointed by RBI.

My plea: Sir, when there is point of submission of wrong Audit Report so the Names and addresses of the internal and external auditors kindly be provided.

CIC orders: Provide the information sought;

Query No. 7: The customers of Dena Bank who had been dodged by Dena Bank Phagwara want to take legal action. Kindly provide the name and addresses of the authorities to whom the complaint can be lodged.

PIO replied: Any person aggrieved by the service of branch can file a complaint before the---

Branch Manager.

Regional Manager

Head office/Corporate office, Dena Bank, Dena Corporate Centre, C-10. G Block, Bandra (East) Mumbai.

My Plea: Sir the reply of Head Office is not sufficient. The name and address kindly be provide.

CIC: Accepted my plea.

Rajneesh Madhok,
B-xxx/63, Nehru Nagar,
St. No. 2, Railway Road,
Phagwara-144401 (Pb)

Courtesy_

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The RTI Act was passed by the Lok Sabha (Lower House) on 11 May 2005, by the Raj Sabha (Upper House) on 12 May 2005 and received Presidential assent on 15 June 2005. Parts of the Act came into force upon Presidential assent, but the Act came fully into force on 12 October 2005, 120 days after Presidential assent.

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