Copy of inspection reports conducted by RBI were denied u/s 8(1)(a),(d) & (e) - PIO: it contains details about the customers; Delhi HC has directed the CIC to adjourn hearing in all such involving inspection reports - CIC: no action can be taken
4 Jan, 2014Copy of inspection reports conducted by RBI were denied u/s u/s 8(1)(a), 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; & 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; - PIO: it contained various details about the customers and Delhi High Court has directed the Commission to adjourn hearing in all cases which involve the disclosure of the inspection reports prepared by the RBI – CIC: No action can be taken in view of the High Court interim order
ORDER
Facts
1. The appellant filed an application dated 04.11.2011 under the RTI Act, seeking a copy of the investigation/inspection/audit reports conducted by RBI and the action taken report submitted by the bank to the RBI, etc. CPIO respondent on 25.11.2011. Appellant filed first appeal before the first appellate authority (FAA) on 30.11.2011. Copy of the FAA’s order is not enclosed. Appellant filed this present second appeal on 28.02.2012.
Hearing
2. Appellant’s representative referred to the RTI application of the appellant and stated that the appellant was seeking a copy of the investigation/inspection/audit reports conducted by RBI and the action taken report submitted by the bank to the RBI, etc.
3. Appellant’s representative stated that the appellant had sought the information on 3 points in the RTI application. Appellant’s representative stated that the appellant had received the information on point no. 2 of the RTI application but yet to receive the information on point no. 1 and 2 of the RTI application.
4. Respondent stated that the appellant wanted to have the copy of inspection report on two banks. Respondent stated that the inspection report contained various details about the customers and information which are in the fiduciary nature, therefore they had denied the information under section 8(1)(a), section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; and section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act.
5. Respondent cited an interim order in W.P. 1976/2012, where the Delhi High Court directed the Commission to adjourn hearing in all cases which involve the disclosure of the inspection reports prepared by the RBI, etc.
6. In view of the High Court interim order no action is to be taken at the level of the Commission.
Decision
7. No action can be taken in the matter at the level of the Commission taking into account para 6 and 7 above. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Smt. Jayalaxmi v. Officer Reserve Bank of India in Decision No. CIC/SG/A/2012/000671/VS/05388