CIC cryptically upheld illegal denial of information concerning fugitive Nirav Modi

CIC Ms. Anandi Ramalingam will hear second appeal against P.N.B. in matter of Nirav Modi

4-Nirav is a proven-cheater because he ran away from due proceedings to be carried out under the law of land. He cheated the public money from Punjab National Bank by colluding with the corrupt staff of the bank. In this matter there are no commercial confidence, trade secrets and intellectual property so its disclosure would not harm the competitive position of fugitive Nirav Modi living abroad. 

5-Large number of people are affected with the cheating activity of the Nirav Modi who want transparent and accountable dealings by bank in the recovery of assets cheated by Nirav Modi so that Punjab National Bank may not be bankrupt because of numerous cheating activities took place in the bank by colluding with its corrupt staff.Therefore larger public interest warrants disclosure of sought information by the appellant. 

6-Under subsection 1 h of section 8 of Right to Information Act 2005, following information is exempted from disclosure-

information which would impede the process of investigation or apprehension or prosecution 

of offenders;

The process of investigation is not being carried out by Punjab National Bank and job of apprehension and prosecution of offenders also do not belong to Punjab National Bank and its job is simple to secure the saving of customers so it should not run away from disclosure of recovery amounts as secured creditors as done with the medium borrowers by applying provisions of SARFAESI Act 2002 provides extraordinary powers to the banks. You make the borrowing money medium borrowers non performing assets through your cryptic dealing and auction their properties even when they deposit your interests timely and loan amount is much less than the limit of loan. 

केन्द्रीय सूचना आयोग

Central Information Commission बाबा गंगनाथ मार्ग, मुनिरका Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi - 110067

द्वितीय अपील संख्या / Second Appeal No. CIC/PNBNK/A/2023/649509

Yogi MP Singh

अपीलकर्ता/Appellant

VERSUS बनाम

CPIO: Punjab National Bank, New Delhi

... प्रतिवादीगण/Respondent

केंद्रीय सूचना आयोग Relevant dates emerging from the appeal:

RTI : 04.08.2023

FA : 23.08.2023

SA : 22.10.2023

CPIO: 22.08.2023

FAO: 02.09.2023

Hearing: 27.09.2024

Date of Decision: 16.10.2024

CORAM: Hon'ble Commissioner ANANDI RAMALINGAM ORDER

OMMISS

1. The Appellant filed an RTI application dated 04.08.2023 seeking information on the following points:

(i) "Nirav Modi is accused of a scam of more than 12 thousand crore rupees in Punjab National Bank. Nirav Modi has reportedly left the country in January.

CPIO may provide the information regarding the recovery of loan from Nirav Modi and what amount they have recovered from the big defaulter Nirav Modi up till now.

(ii) CPIO may provide the information regarding the action taken against the staff of the bank whose dereliction of duty resulted in such a big default which caused

Page 1 of 3

heavy loss to the Punjab National Bank. Your information must include time of action, name and designation of the staff.

(iii) If any inquiry committee has been nominated by the Punjab National Bank in the matter then provide its details and its members detail as well with name and designation of such members.

(iv) CPIO may provide the name and designation of all the accountable staff of the Punjab National Bank who approved such a huge loan to a single businessman like Nirav Modi who proved defaulter later.

(v) CPIO may provide the current status of the loan recovery from Nirav Modi. Provide the amount of the loan has been recovered from the Nirav Modi and his guarantors. Please provide the total amount of the loan taken by Nirav Modi."

2. The CPIO replied vide letter dated 22.08.2023 and the same is reproduced as under:-

"With respect to your query in point no. 1 to 5 it is submitted that the information sought pertains to the matter, which is presently under investigation by various investigative agencies and/or under prosecution before the Hon'ble courts. Any disclosure thereof during currency of such proceedings would impede the process of investigation therefore cannot be provided as the same is exempted from disclosure u/s 8(1) (d) & 8(1)(h) of RTI Act 2005."

ORMATION CE

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.08.2023. The FAA vide order dated 02.09.2023 upheld the reply given by the CPIO.

4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 22.10.2023.

5. The Appellant remained absent during the hearing and on behalf of the Respondent, Jaseem Siddiqui, AGM(Law) & CPIO attended the hearing through video conference.

6. The Respondent reiterated the reply provided to the Appellant.

Page 2 of 3

7. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the information sought for in the RTI Application does not strictly conform to Section 2(f) of the RTI Act. In other words, the queries appear to be rather abstract and in the form of expressing conjecture. For the said reason, the Commission is not inclined to question the correctness of the CPIO's reply.

8.

The Appeal is dismissed accordingly.

Copy of the decision be provided free of cost to the parties.

Sd/-

स(Anandi Ramalingam) (आनंदी रामलिंगम) Information Commissioner (सूचना आयुक्त) दिनांक/Date: 16.10.2024

केन्द्रीय

VTRAL

Authenticated true copy

Col S S Chhikara (Retd) (कर्नल एस एस छिकारा (रिटायर्ड)) Dy. Registrar (उप पंजीयक) 011-26180514

Addresses of the parties:

1. The CPIΟ

INFO No.

Punjab National Bank, visionVIATION Right to Information Cell (Law Division), 3rd Floor, East Wing (A), Plot Sector 10, Dwarka, Ho: New Delhi-110075

2. Yogi MP Singh