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Madras High CourtWA/2451/2025dismissed

K.Vasantha Rani v. Central Public Information Officer

2025-08-06Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN K.Vasantha Rani W/o Kuppusamy ..Appellant Vs.

1. Central Public Information Officer, Indian Bank, Corporate Office, 66, Rajajij Salai, 5th Floor, Main Building, Chennai - 1.

2. The Branch Manager, Indian Bank, Mettupalayam Branch, Mettupalayam, Pondicherry.

3. The Information Commissioner, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110 067 ..Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 06.08.2024 in W.P.No.22186 of 2024 passed by this Court. For Appellant : M/s. Achari and Antony

JUDGMENT

(The order of the Court was made by J.Nisha Banu,J.) This Writ Appeal has been filed as against the order dated 06.02.2025 passed by this Court in W.P.No.31808 of 2024.

2. The writ petition has been filed challenging the order passed by the first respondent dated 26.09.2022, thereby rejecting the request made by the petitioner.

3.1 The case of the appellant/petitioner is that her son Loganathan had opened a savings bank account in the 2nd respondent bank in the year 2005 and handed over the bank pass book to her. Her son subsequently deposited one lakh in the Indian Bank, Mettupalayam Branch, Puducherry and he had also informed her that he had deposited one lakh in his account. On 09.07.2010 morning, her son collected the bank passbook from her to deposit money, but unfortunately, he met with a road accident and died on the spot. The bank pass book was not traceable and she did not know the account number and other details of her son's account except the branch in which he maintained the account. 3.2 When she approached the 2nd respondent Bank, they refused. Therefore, she approached the bank PIO through RTI, but they replied stating that the information sought is exempted as per section 8(1) (j) of RTI Act. Therefore, the petitioner preferred an appeal against the order of PIO under section 19(1) of RTI Act. However, an evasive order was

passed stating that "As we have the obligation to maintain secrecy of our customer's account, details exempted from disclosure under section 8(1)(e) and 8(1)(j) under the RTI Act, we express our inability to allow the appellant to pursue the records of the customers". 3.3 Aggrieved by the said order, the appellant preferred second appeal to the 3rd respondent/appellate authority. The 3rd respondent passed an order dated 25.08.2022, directing the respondent to facilitate the inspection of the relevant records pertaining to the account of the appellant's son and to provide certified copies of the documents selected by her after inspection free of cost. However, the 1st and 2nd respondent did not permit her to inspect the documents, but the 1st respondent passed the impugned order dated 26.09.2023. The writ petition filed as against the said order was also dismissed. Hence, the present writ appeal.

4. Heard the learned counsel for the appellant and perused the materials available on record.

5. Perusal of the records shows that the 1st respondent has sent a communication to the appellant stating "Since no account exists in the name of your son, there is no document held by us related to your son and furnishing certified copy of documents are not applicable in the matter. As such we are helpless to proceed with the direction of the Hon'ble Commission since no account held in the name of late K V Loganathan S/o

Kuppusamy."

6. It is an admitted position that the petitioner did not furnish any account number or any material to show that her son was having an account with the second respondent Bank. The concerned Branch has verified their records by name and found that there is no account in the name of the appellant's son, K.V.Loganathan, S/o Kuppusamy. The Writ Court considering the factual aspects of the case, has passed the order dismissing the writ petition. We find no infirmity or illegality in the said order. Therefore, we are not inclined to interfere with the same. Accordingly, the Writ Appeal stands dismissed. No costs. [J.N.B.,J.] [M.J.R.,J.] 06.08.2025 vsi Speaking order/Non-speaking order To

1. Central Public Information Officer, Indian Bank, Corporate Office, 66, Rajajij Salai, 5th Floor, Main Building, Chennai - 1.

2. The Branch Manager, Indian Bank, Mettupalayam Branch, Mettupalayam, Pondicherry.

3. The Information Commissioner, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110 067 J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

Vsi 06.08.2025