CIC: Provide the number of & total outstanding in NPA loans exceeding Rs. 20.00 crores; provide the number of accounts exceeding Rs. 20.00 crores in which One Time Settlement was arrived at with the total outstanding amount & the settlement amount
13 Nov, 2014CIC: Provide the number of & total outstanding in NPA loans exceeding Rs. 20.00 crores; provide the number of accounts exceeding Rs. 20.00 crores in which One Time Settlement was arrived at with the total outstanding amount of these loans and the total amount for which One Time Settlement was arrived at in respect of the same
Facts
This matter pertains to an RTI application dated 23.3.2013 filed by the Appellant, seeking information in a specified format regarding the number of NPA loans and One Time Settlements over Rs. 20.00 crores as on 31.3.2012 and since 31.3.2007 respectively. The Appellant also sought information regarding the names of the borrowers and certain other details of the loans in question. The CPIO responded on 19.4.2013 and denied the information under Section 8 (1) (d), (e) and (j) of the RTI Act. In his order dated 31.5.2013, the FAA, while disposing of the first appeal of the Appellant, upheld the decision of the CPIO. The Appellant filed second appeal dated 26.8.2013 to the CIC, which was received by the Commission on 2.9.2013.
2. We heard the submissions of the Appellant and the Respondents. The Appellant stated that many loans are being granted by banks in an irregular manner, without sufficient collaterals. He further submitted that since public money is involved in the grant of these loans, information concerning the loans, that become NPA or in whose case One Time Settlement is made, should be available in the public domain. He also stated that in case the information is made available to him, he could help the Bank in recovering the loans in question by revealing information concerning some “hidden” assets of the borrowers. The Respondents reiterated their decision to deny the information.
3. Having considered the records and the submissions made by both the parties before us, we note that while the Commission has been allowing disclosure of information regarding the number and total amount of such loans, we have not favoured disclosure of information concerning the names of the borrowers and other details of the loans, because the information in the latter category is held by a bank in a fiduciary capacity and is, therefore, exempt from disclosure under Section 8 (1) (e) of the RTI Act. We further note that the Appellant has not established any larger public interest for disclosure of the information covered by Section 8 (1) (e). In view of the foregoing, we direct the CPIO to provide the following information to the Appellant, within thirty working days of the receipt of this order, under intimation to the Commission:
a) The number of and total outstanding in NPA loans exceeding Rs. 20.00 crores as on 31.3.2012.
b) The number of accounts exceeding Rs. 20.00 crores, in which One Time Settlement was arrived at since 31.3.2007, together with information regarding the total outstanding amount of these loans and the total amount for which One Time Settlement was arrived at in respect of the same.
4. With the above direction, the appeal is disposed of.
5. Copies of this order be given free of cost to the parties.
(Sharat Sabharwal)
Information Commissioner
Citation: Shri Pardeep Satija v. Punjab and Sind Bank in File No. CIC/VS/A/2013/001655/SH