2006 (6) TMI 526 - Commission - Indian Laws

Summary

Issues: Loan disbursement negligence, complaint handling by bank officials, RTI Act application denial, disclosure of investigation report, compliance with RTI Act provisions.

Loan Disbursement Negligence: The complainant alleged that a loan was not disbursed due to the bank's negligence, while the bank claimed he failed to deposit required margin money. The bank returned his papers and deposit upon request, complying with his wishes.

Complaint Handling by Bank Officials: The complainant lodged a complaint regarding harassment and forced withdrawal of his loan application. The matter was investigated by the bank's Vigilance Department following a directive from the Chief General Manager.

RTI Act Application Denial: The complainant requested a copy of the investigation report and inspection of related records under the RTI Act. The bank initially refused, citing the matter as sub judice and claiming exemptions under Section 8(1) of the RTI Act.

Disclosure of Investigation Report: During the hearing, the complainant argued for his right to access the investigation report under the RTI Act, which the bank opposed, stating the matter was sub judice and should not be disclosed until adjudicated by the Consumer Court.

Compliance with RTI Act Provisions: The Commission found the bank's response lacking in transparency and misinterpretation of the RTI Act provisions. It directed the bank to provide the requested information and access to relevant files within 15 working days, emphasizing the absence of legal grounds for withholding the investigation report.

Penalty and Compliance: The CPIO was ordered to show cause for potential penalty under Section 20(1) of the Act for non-compliance. A hearing was scheduled for the CPIO to explain the failure to adhere to the Act's provisions, ultimately disposing of the appeal.