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nk agarwal

Reply from PIO

Question

nk agarwal

A RTI Application has been replied by an officer signing for PIO. To my understanding it is only the PIO who has to reply under his signature and name.

My application and reply copy attached

RTIBnkOmbudRepl Jul10-2k19-1.jpg

CPIO BnkOmbudRepl P-2 Aug-2k19-3.jpg

CPIO BnkOmbudRepl P-1 Aug-2k19-2.jpg

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6 answers to this question

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Prasad GLN

Then Grounds for appeal should be for providing information that is incorrect and misleading and information not providing in the form it was requested.

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Prasad GLN

It is against RTI Act.  But RBI, High Courts always ignore stipulations in RTI Act. As an applicant, just focus on information given, and you may raise the issue in First Appeal and second appeal.  (They encash the stipulations that every officer assisting  a CPIO is deemed CPIO).  The difficulty with most applicants is that they divert the attention from information and find procedural lapses of public authority.  It appears to IC as complaining against PIO, and always focus on information alone, and ignore their violations and make a mention in appeal as matter of fact.  (Because ACPIO has provided information, it is not that it is invalid and still appellable, public authority can not go back before CIC and state that ACPIO has replied it is not binding on public authority.

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Sunil Ahya

You requested for "certified copies of rules which confers power upon an ombudsman to ignore transparency and fair play"

Can you inform this forum as to which specific "photocopy of a document" you were requesting?

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Prasad GLN

The photocopy of the documents solicited was mentioned in ACPIO response in Point No.2 "Powers of Banking Ombudsman to ignore transparency....during passing  a decision complaint against a "patent mistake by SBI".....in documents issued by SBI"

When information in the form of certified copies were solicited asking applicant to find the same in website giving link is also not proper. (If those certified copies serve a purpose, appellant can go for appeal-if those certified copies are not useful simply making an appeal against this violation is wastage of time and money.

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nk agarwal

(1) Reply to Mr SA - Bnkng Ombudsman was supposed to give an independent decision based on facts, which it did not do and accepted what SBI told it and told it to close the case. I asked for certified copies of those rules that confer powers on Bnkng Ombudsman......."

(2) I have checked the site and the cited rules does not confer any powers to ignore........" Hence, I asked for certified copies.

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Prasad GLN

Unfortunately these things happen, if the concerned Appellate authority is not sincere.  Even in CIC, I am aware of such misleading decisions.  

QUERY:1.Please inform payments made by Mr.X to your authority towards Mr.Y.

(The fact is Mr. X has never paid any such amount to that authority, but obtained an expartee decree stating that he has paid consideration to that Authority)

CPIO REPLY:2.Mr.X has paid amounts on behalf of Y.

The authority is aware that Mr.X never paid such amount.  But it collected the copy of expartee suit plaint from Mr.X legal heirs, called it as their public record and confirmed that Mr.X has paid such amount to them on behalf of Y.  The truth is that Y is in no way related to public authority and there were no transactions in between Mr.Y and public authority at any time.

3.During inspection of documents, it was observed that there are court copy dates and received dates of District Court with date 2 May,2008 in the documents provided by Public authority filed before CIC.

4.During CIC hearing it was specifically pointed to IC that CPIO was providing information by collecting such document from unknown source and that the expartee decreed plaint with  delivery date 02-05-2008 can not evidence a factof transaction  on 23-10-1964 and that plaint can never become a public record. and copy of such CIC decisions on collection, collation of document, definition of Public record under Indian Evidence Act and SC Judgment was shown to IC.  It was filed through affidavit that "Y" has no financial relations with that public authority.

5.Learned IC has disposed the case stating that CPIO has provided information what ever is available to him, and if appellant is not satisfied, she should go to Court and get a remedy !!!!!!!

ICs and FAAs can not review their own decisions, and very few can go to HC for remedy.

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