Information about a bank account was sought - CIC: provide a copy of destruction of records in court matters, copy of FDR, designation of the competent authority who ordered the adjustment of FDR against loan & copy of record retention schedule
1. The appellant, Shri Mahesh Chandra Kantharia, submitted RTI application dated 13 May 2013 before the Central Public Information Officer (CPIO), State Bank of India, Jaipur seeking information regarding details of account no. 3/272 opened by M/s Trimurti Textiles etc., through a total of 20 points.
2. Vide letter dated 11 July 2013, CPIO denied the information on the ground that the information sought by the appellant pertained to M/s Trimurti Textiles and the same was in dispute and the matter was subjudice in High Court. Not satisfied with the CPIO’s reply, the appellant preferred an appeal dated 17 June 2013 to the first appellate authority (FAA) alleging that he had been wrongly denied the information by the CPIO concerned. No order had been passed by the FAA in this case.
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 appellant submitted that the respondents had taken plea that matter was pending in court but the reply given by the respondents did not mention about it. The appellant stated that he had given guarantee on behalf of Trimurti Textile and he was also a party in court case. The appellant submitted that information sought under points 12 & 18 regarding FDR and designation of the competent authority respectively. The respondents submitted that the matter was sub-judice, therefore, the appellant was advised to take information from court. The respondents added that they had been advised by their Law manager that the matter was sub judice and the information can be obtained from the Court. The respondents cited the judgment of Hon’ble High Court of Delhi in Canon Steel Pvt. Ltd. Vs CESTAT wherein it had been observed that there was no requirement to give information under RTI when it can be obtained from court. The respondent further stated that the FDR had been settled against the loan as per right of set off.
5. The Commission directs the respondents to provide a copy of destruction of records in case of matters pending in court, copy of FDR given by the appellant, designation of the competent authority who ordered the adjustment of FDR against loan and copy of record retention schedule to the appellant within a week from the receipt of the order of the Commission.
Citation: Shri Mahesh Chandra Kantharia v. State Bank of India in Appeal: No. CIC/MP/A/2014/000055