RTI Application to State Bank of India in respect of SMS Alert Fee
Background: An application was moved to State Bank of India on 28/08/2014 in respect of SMS Alert Services. The response of CPIOs was contradictory to what information was received by CPIO from the concerned branch. Hence further information was sought. The application dtd. 28/08/2014 and CPIO response vide letter No. DZO-I/R-4/RTI/193 dtd. 25/09/2014 was published under title "State Bank of India -Is RTI Act a Myth or Reality" in this blog on 4th December 2014. The link of the article is
http://skvirmani-rtijago.blogspot.in/2014/12/state-bank-of-india-is-rti-act-myth-or.html
I. Application dtd. 01/10/2014 to CPIO, State Bank of India:
II. CPIO response vide letter No. DZO-I/R-4/RTI/239 Dt. 22/10/2014
V. CPIO response pursuant to FAA Order
Background: An application was moved to State Bank of India on 28/08/2014 in respect of SMS Alert Services. The response of CPIOs was contradictory to what information was received by CPIO from the concerned branch. Hence further information was sought. The application dtd. 28/08/2014 and CPIO response vide letter No. DZO-I/R-4/RTI/193 dtd. 25/09/2014 was published under title "State Bank of India -Is RTI Act a Myth or Reality" in this blog on 4th December 2014. The link of the article is
http://skvirmani-rtijago.blogspot.in/2014/12/state-bank-of-india-is-rti-act-myth-or.html
I. Application dtd. 01/10/2014 to CPIO, State Bank of India:
Sub: Seeking information under RTI Act 2005
in respect of SMS Alert Services for my SB A/c No. xxxxxxxxxxx held at SBI,
Hindu College, Delhi University, Delhi, IFSC: SBIN0010433 and other connected
issues
This is in reference to your Letter
No. DZO-I/R-4/RTI/193 dated 25/09/2014 supplying information in respect of my
application dated 28/08/2014 under RTI Act 2005.
(i)
Copy
of the file notings and movement of my RTI application dtd. 28/08/2014 and any
other related documents during the period it is received by the concerned CPIO
and till the time it is finally disposed off.
(ii)
Details
of 9 numbers of credit and debit transactions as stated in your above letter
from quarter ending 31st December 2013 till quarter ending 30th
June 2014 and quarter ending 30th June 2013.
(iii)
Details
of the content of 9 SMS alerts as stated in your above letter.
(iv)
The
delivery report of 9 SMS alert as referred in your above letter.
(v)
Is
there minimum limit prescribed by SBI/ RBI for the amount of transactions for sending
SMS Alerts?
(vi)
Please
supply me the prescribed minimum limit of the transactions (credit and debit)
for sending SMS Alerts. Please supply me the copy of the internal order of SBI
or RBI order prescribing minimum limit of transaction for which SMS alerts are
required to be sent to the customers
(vii)
Whether
SBI charges customers for sending the SMS informing customers about deduction
of Rs. 15/- by State Bank of India towards SMS Alert from the customer’s
account.
(viii)
Please
supply me the true copies of complete internal note sheets and any other
connected document in regard to implementation of RBI Notification No. RBI/2013-14/381 DBOD No.
Dir.BC.67/13.10.00/2013-14 dated 26/11/2013.
(ix)
Please
supply me the true copies of the internal note sheets and movement of order No.
F.No. 7/72/2014-BOA dtd. 14th August 2014 issued by Department of
Financial Services, Ministry of Finance, Govt. of India
(x)
Please
supply me the information of rates per SMS being paid by State Bank of India to
the SMS vendor.
(xi)
Please
supply me the information of total charges paid by State Bank of India to SMS
vendor for transactional messages and the total amount recovered from the
customers for the financial year 2013-14 and for the period 1st
April 2014 to 30th September 2014
2.
The
above information as being sought by me under RTI Act 2005 is not covered under
“Information to be denied”.
3.
In
case the part or whole of the information is not held by your public authority,
the same may please be transferred to the public authority holding the same as
per provisions under Sec 6(3) of the RTI Act 2005.
RIGHT TO
INFORMATION ACT, 2005
RTI ID.
28/2014-15
APPLICANT: SH.
S.K. VIRMANI
BRANCH: HINDU
COLLEGE
Please refer to your application dated 28/08/2014,
seeking information under Right to Information Act, 2005 received in this
office on 14/10/2014. In this connection, we advise you as under:
1(i) The information provided by our Hindu College
branch has already been provided to you vide this office letter No.
DZO-I/R-4/RTI/193 dt. 25/09/2014.
2 to 6. No information sought.
In case you prefer an appeal in the matter, you may
do so as provided for under Section 19 of Right to Information Act 2005 within
30 days of receipt of this letter. The appellate Authority for the purpose is
General Manager (NW-I), State Bank of India, Local Head Office, 11, Sansad
Marg, New Delhi – 110001.
III. Copy of my First Appeal dtd. 05/12/2014 to State Bank of India in regard to non-receipt of information from CPIO as above:
Sub: 1st
Appeal under RTI Act 2005 in regard to non-receipt of information against my
application dtd. 01/10/2014 (copy attached)
I have submitted an application dtd. 01/10/2014, a
copy of which is attached. As far as point No. 1(i) and 1 (ii) is concerned,
your authority being 1st Appellate Authority, a 1st
appeal is preferred for non-receipt of information against point No. 1 (i) as
pretended to be have been responded with information but not supplying the same. Further,
1. A
letter No. DZO-I/R-4/RTI/239 dtd. 22/10/2014 which has got a reference to the
point No. 1(i) refers to a RTI application dtd. 28/08/2014. The said letter
stated “1 (i) The information provided by our Hindu College branch has already
been provided to you vide this office letter No. DZO-I/R-4/RTI/193 dtd.
25/09/2014.” There is no
relevance to the RTI application dtd. 28/08/2014 and 01/10/2014.
2. As the information has been sought vide RTI
application dtd. 01/10/2014, the information cannot be stated to have been
supplied vide letter dt. 25/09/2014 much prior to even receipt of the application.
3. The
applicant received another letter No. DZO-I/R-4/RTI/272 dtd. 13/11/2014 from
the same CPIO but that letter referred to point No. 1 (ii) only.
4. Through
a separate letter No. DZO-I/R-4/RTI/1056 dtd. 22/10/2014, it seems that the
said CPIO for Q.No. 1 (i) received the application dtd. 01/10/2014 on
14/10/2014. Therefore the period of 30 days is over on 14/11/2014 by when the
applicant should have received the information. However, no information has
been received till date and accordingly, a First appeal is being preferred
within 30 days of the date by which the information should have been received. The period of 30 days shall be over on 14-17
December 2014 and hence the present appeal is within time specified in RTI Act
2005. Further since the information has not been received within 30 days, no
additional fee is required to be paid for getting any document/photocopies etc.
as per RTI Act 2005.
5. The
Q.No. 1 (i) is reproduced for ready reference:
“Copy
of the file notings and movement of my RTI application dtd. 28/08/2014 and any
other related documents during the period it is received by the concerned CPIO
and till the time it is finally disposed off”
6. You
are requested to kindly supply me the above documents including that of file
notings as sought by me in RTI application dtd. 01/10/2014.
IV. FAA order conveyed vide GM (NW-I)/RTI/18209 Dt. 19/01/2015
RIGHT TO
INFORMATION ACT, 2005
Appeal No.
167/2014-15
Please refer to your appeal submitted to the
Appellate Authority under Right to Information Act, 2005.
2.Please find enclosed attested copy of the order
passed by the Appellate Authority.
3. Kindly acknowledge receipt.
File No.: GM (NW-1)/RTI/2014-15/Appeal/167 Dt. 17/01/2015
Name of the Appellant : S.K.Virmani
Name of the Public Authority : CPIO & Regional
Manager,
State
Bank of India,
Region-4,
Delhi Zonal Office-I,
11,
Sansad Marg,
New
Delhi – 110001
The present appeal dated 05.12.2014 (received on 09.12.2014),
has been preferred by Sh. S.K. Virmani, hereinafter referred to as the
Appellant, against letter bearing reference No. DZO-I/R-4/RTI/239 dated 22.10.2014
and DZO-I/R-4/RTI/272 dated 13.11.2014 of the CPIO & Regional Manager,
State Bank of India, R-4, DAO-I, 11, Sansad Marg, New Delhi, in respect of RTI
application dated 01.10.2014.
FACTS:
2. The appellant, Sh. S.K. Virmani had sought
following information vide his RTI application dated 01.10.2014 :
“This is in reference to your letter No.
DZO-I/R-4/RTI/193 dated 25.09.2014 supplying information in respect of my
application dated 28.08.2014 under RTI Act 2005:
i)Copy of the file notings and movement of my RTI
application dated 28.08.2014 and any other related documents during the period
it is received by the concerned CPIO and till time it is finally disposed off.
ii) Details of 9 numbers of credit and debit
transactions as stated in your above letter from quarter ending 31st
December 2013 till quarter ending 30th June 2014 and quarter ending
30th June 2013.
iii) Details of the content of 9 SMS alerts as
stated in your above letter.
iv) The delivery report of 9 SMS alert as referred
in your above letter.
v) is there minimum limit prescribed by SBI/RBI for
the amount of transactions for sending SMS Alerts?
vi) Please supply me the prescribed minimum limit of
transactions (credit and debit) for sending SMS Alerts. Please supply me the
copy of the internal order of SBI or RBI order prescribing minimum limit of
transaction for which SMS alerts are required to be sent to the customers.
vii) Whether SBI charges customers for sending the
SMS informing customers about deduction of Rs. 15/- by State Bank of India
towards SMS Alert from the customers account.
viii) Please supply me the true copies of complete
internal note sheets and any other connected document in regard to implementation
of RBI notification No. RBI/2013-14/381 DBOD No. Dir.BC.67/13.10.00/2013-14
dated 26.11.2013.
ix) Please supply me the true copies of complete
internal note sheets and movement of order No. F. No. 7/72/2014-BOA dated 14th
August 2014 issued by Department of Financial Services, Ministry of Finance,
Govt. of India.
x) Please supply me the information of rates per SMS
being paid by State Bank of India to the SMS vendor.
xi) Please supply me the information of total
charges paid by State Bank of India to SMS Vendor for transactional messages
and the total amount recovered from the customers for the financial year
2013-14 and for the period 1st April 2014 to 30th
September 2014.”
3.The CPIO vide his letter bearing reference No.
DZO-I/R-4/RTI/0239 dated 22.10.2014 replied to the applicant that:
i)”The information provided by our Hindu College
Branch has already been provided to you vide this office letter No.
DZO-I/R-4/RTI/193 dated 25.09.2014.
ii) to vi) No information sought.”
Further, the CPIO vide his letter bearing reference
No. DZO-I/R-4/RTI/272 dated 13.11.2014 replied to the applicant that:
“Please find enclosed herewith Bank Statement as
desired by you vide point no. 1(ii) in RTI dated 28.08.2014.”
4.For point No. (iii) to (xi) of the RTI
application, the CPIO & Assistant General Manager (P&E), State Bank of
India, P & E Deptt., Local Head Office, New Delhi has transferred the RTI
application to the CPIO & Deputy General Manager (RTI), State Bank of
India, RTI Deptt., Corporate Centre, Mumbai for direct disposal at their end.
5.Dissastisfied with the reply given by the CPIO,
the appellant has preferred present appeal dated 05.12.2014 and shown has dissatisfaction
at point No. (i) & (ii) of RTI application. He has requested to provide the
desired information/documents.
6. The views/comments on the appeal were called from
the CPIO
DECISION
7. Having
carefully examined the facts on record, it is observed that;
For point No. (i) of RTI application: The CPIO is
directed to provide the information sought by the appellant within 10 days after
receipt of this order, if available with him. The CPIOs is advised to ensure
that the matters related to RTI are disposed of strictly as per the provision
of the Act.
For point No. (ii) of RTI application: The CPIO has
provided a suitable reply to the appellant.
For point No. (iii) to (xi) of RTI application: The
appellant is advised to approach the concerned CPIO & DGM (RTI), SBI,
Corporate Centre, Mumbai separately.
8. The Appeal is disposed off accordingly.
9. A copy of the order be forwarded to the Appellant
and the CPIO.
DZO-I/R-4/RTI/360 Dt. 30/01/2015
Sh. S.K. Virmani
RIGHT TO
INFORMATION ACT, 2005
RTI ID. 28/2014-15
APPEAL No.
167/2014-15
APPLICANT: SH.
S.K. VIRMANI
BRANCH: HINDU
COLLEGE
Please refer to order passed by Appellate Authority
vide File No. GM(NW-1)/RTI/2014-15/Appeal/167 dated 17/01/2015. In this
connection, we advise you as under:
1(i) Your RTI dt. 28/08/2014 was received in Post
Office dt. 28/08/2014 vide number 04. Then Department of Post Office of India,
Post Master Grade I, AGCR, Post Office, New Delhi 110002 sent the RTI to SBI,
University of Delhi branch vide their letter No. AGCR/RTI/SK Virmani/014-15 dt.
28/08/2014 and the copy of the same was sent to you. This RTI application was
received by SBI, University of Delhi Branch on 30/08/2014. SBI Delhi University
branch transferred the RTI application to Regional Manager/ CPIO, SBI, Region
4, DZO I, New Delhi as the account of Sh. Virmani pertains to Hindu College
branch which was under the control of undersigned vide their letter No.
AGM/DU/2013-14/181 dated 30/08/2014. The information was sought by the
undersigned from Branch Manager, Hindu College vide letter No. DZO I/R4/RTI/40
dated 04/09/2014. The branch had responsed vide their letter No.
BM/HC/2014-15/95 dated 15/09/2014 and finally this office had replied to you
vide this office letter No. DZO-I/R-4/RTI/193 dated 25/09/2014.
In case you prefer an appeal in the matter, you may
do so as provided for under Section 19 of Right to Information Act 2005 within
30 days of receipt of this letter. The Appellate Authority for the purpose is
General Manager (NW-I), State Bank of India, Local Head Office, 11, Sansad
Marg, New Delhi – 110001
(From the above foregoing, it is very clear that no information has been supplied. There have been three responses from three different CPIOs and hence three different appeals have to be initiated to three different First Appellate Authorities. However, since no information was supplied despite first appeals , a common second appeal was made before Central Information Commission (CIC) as per RTI Act 2005. The details in this post was categorised as "FA-I" in my 2nd appeal before CIC. The next post would bring out details of two more appeal i.e FA-II and FA- III)
(From the above foregoing, it is very clear that no information has been supplied. There have been three responses from three different CPIOs and hence three different appeals have to be initiated to three different First Appellate Authorities. However, since no information was supplied despite first appeals , a common second appeal was made before Central Information Commission (CIC) as per RTI Act 2005. The details in this post was categorised as "FA-I" in my 2nd appeal before CIC. The next post would bring out details of two more appeal i.e FA-II and FA- III)
---------Is RTI act a Myth or Reality for State Bank of India ---------
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