CIC: Search for the copy of Trust Deed of SBI & provide the same to the appellant if it is found; provide the balance sheet of SBI, addresses of Directors of SBI and the guidance sought by the Trustees in the cases within 30 days
OR D E R
1. The appellant, Shri Mangal Sen Sharma, submitted RTI application dated 15 April 2013 before the Central Public Information Officer (CPIO), State Bank of India, Mumbai seeking information regarding the copy of Trust Deed of the Imperial Bank of India Employees Pension & Guarantee Fund, copy of Trust Deed of State Bank of India Employees Pension Fund, details of Trustees, balance sheets of Trust funds etc., through a total of 5 points.
2. Vide reply dated 8 May 2013, the CPIO denied the information on points 1, 2 & 5 and informed the appellant that copies of balance sheet of the Trust Fund for the last three years in respect of point no. 4 can be obtained by payment of fees, in response to point No. 3 the CPIO provided names, Postal Address, the date of appointment, official contact number of the trustees of SBI Employees’ Pension Fund and denied personal information of the Trustees. Being aggrieved with decision of CPIO, the appellant preferred an appeal dated 5 June 2013 before the first appellate authority (FAA). Vide order dated 3 July 2013, the FAA upheld the decision of CPIO and explained the same.
3. Dissatisfied with the response of the public authority, the appellant preferred appeal before the Commission.
4. The matter was heard by the Commission. The respondents stated that the erstwhile Imperial Bank of India (IBI) was inaugurated in the year 1911 and in place of IBI, the State Bank of India came into existence in 1955. The Trust Deed of IBI is not traceable in their records. The appellant stated that he is the member of IBI Employees Pension & Guarantee Fund and that the respondent cannot work without the Trust Deed of IBI. The appellant further stated that he has a copy of the Trust Deed of IBI Employees Pension and Guarantee Fund, but he wanted an authenticated copy of the same from the respondents. Even the Trust Deed of SBI was not provided to the appellant stating that that was also not traceable. On Point No. 4 the respondent stated that SBI’s balance sheet was available on website, and the balance sheet as sought for by the appellant for the years 2010-11 to 2012-13 running into 77 pages can be obtained by the appellant on payment basis. On point no. 5 the respondents stated that the information as sought for by the appellant was not specific and hence was denied by invoking the Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. The appellant stated that as per Section 57 of the Indian Trusts Act, the beneficiary has a right, as against the trustee, to inspect and take copies of the instrument of trust, the documents of title relating solely to the trust property, the accounts of the trust property and the vouchers (if any) by which they are supported and the cases submitted, and opinions taken, by the trustee for his guidance in the discharge of his duty.
5. Having considered the submissions of the parties, the Commission hereby directs the CPIO as follows:
On Point No. 2: the CPIO will make an attempt to search the Trust Deed of SBI and in case, it is found, the same will be provided to the appellant within one month;
On Point No. 3 CPIO will provide the addresses of Directors of SBI within seven days of receipt of this order as it is already given in the Annual Reports;
On Point No. 4 in case SBI’s balance sheet for the years 2010-11 to 2012-13 is available in printed form free of cost otherwise legible photocopies of the same provided to the appellant on requisite charges;
On Point No. 5: opinion or guidance sought by the Trustees in the last two cases within thirty days of receipt of this order.
The respondent will provide the above information with intimation to the Commission. The appeal is disposed of.
Citation: Shri Mangal Sen Sharma v. State Bank of India in Appeal: No. CIC/MP/A/2014/001378