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Can I request information of bank official who played fraud on me? How to frame appeal?



Certain unscrupulous officials of a nationalized bank had been trying to usurp my valuable property in the city by outright illegal means.  They had gone for an auction which has been set aside by the Debt Recovery Tribunal. Some of the critical information I received was through RTI with help from these very forums.  These included the fact that bank officials had taken a cheque payment from an individual who did not have the money in his account when the auction was held.  Matter of fact ONLY Demand Draft and NEFT were to be used for bidding as per published auction rules.  The money in entirely was also paid by cheque on the cash-credit facilities extended by the bank for day to day operations, and this too was not cashed when a Sale Certificate was issued to the individual.

I had tried the RTI route to get at the names of the people involved in this fraud, as well as other details.  This is the response I had received from the CIO:

"With regard to name and designation of XXX Employee who accepted the cheques number yyyyyy and zzzzzz from XXXXXX is concerned we wish to submit it is a bank who accepted the cheque from the auction purchaser in connection with the auction conducted by it.  Moreover the information sought by you is subject matter of securitization application bearing number XXX of XXXX filed by you before the DRT XXXXXX who has since decided the above application and therefore the information sought by you does not come within the purview the definition of information as envisaged under the RTI Act. "

I am not sure if my RTI request is even valid since I am requesting information of officials who were responsible, and bank might want to protect them.  Is this even in the purview of the RTI Act?  If I were to file an appeal to the FAA, how would I frame my request?

I am grateful for all the help I receive from here.  Thanks.





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19 hours ago, Sunil Ahya said:

You may file a first appeal on the following grounds:

1. As per the provision of section 7(1) a requested information is to be either provided or the request rejected for any of the reasons specified under section 8 and 9 of the RTI Act. The PIO has neither provided the requested information nor specified any of the exemption given under section 8 and 9 of the RTI Act.

Thus, the PIO has disposed of my request for information in violation of section 7(1) of the RTI Act.

2. As per the provision of definition of information given under section 2(f) of the RTI Act, documents held by a Public Authority falls under the definition of information. Each of my request for information points towards the documents held by your Public Authority, because the name of the Officers would have been mentioned in the relevant documents held by your Public Authority.

Thus, each of my request for information falls under the definition of information as given under section 2(f) of the RTI Act.

3. ..

Dear sir: Thank you for your advice!  I will do likewise.  Thank you all for helping me frame my appeal appropriately quoting the right section of the Act and sound reasoning.  But for this my only strategy was that the PIO had not provided the information which exists on their files when I had sent them a valid application. Thanks.

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If you are satisfied, please post that you are satisfied, and let the post be closed.  You can open another thread for subsequent developments. (The posts are voluminous and if any member wants to study the issue, he/she may not like to read such voluminous post, always avoid quoting and just mention name if you wish to respond or use like button to cut the post short without individual thanking)

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