Information regarding implementation of loan waiver scheme was denied claiming that it was personal information of the customers & also involved commercial confidence of bank - CIC: furnish the names along with the amount waived in larger public interest
19 Oct, 2014Facts :
1. The appellant, Shri Narendra Singh, submitted RTI application dated 4 May 2013 before the Central Public Information Officer (CPIO), State Bank of India, Urlana Kalan; seeking information regarding implementation of loan waiver scheme in a/c no. 11564568561 etc., through a total of 3 points.
2. Vide reply dated 21 May 2013, CPIO furnished information on point nos. 1 & 3 and denied the information on point no. 2 u/s 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; & (j) of the RTI Act, 2005. Not satisfied with the CPIO’s reply on point no. 2, the appellant preferred an appeal dated 30 May 2013 to the first appellate authority (FAA) alleging that he had been furnished incorrect and misleading information by the CPIO concerned. Vide order dated 11 July 2013, FAA directed the CPIO to furnish information regarding number of people whose loan had been waived on point no. 2 to the appellant within 15 days. In compliance of the FAA’s order; vide reply dated 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. June 2013, CPIO furnished additional information to the appellant.
3. Not satisfied with the response of the public authority, the appellant preferred second appeal before the Commission.
4. The matter was heard today. The appellant submitted that he had sought certain information regarding implementation of loan waiver scheme etc. through 3 points but he had not been provided the number and details of the beneficiaries under this scheme by the respondent on the ground that it was personal information of their customers and it also involved commercial confidence. He also added that even after the order of FAA to furnish the information regarding the number of beneficiaries, he had not received any information from the respondent. He also added that he has still not been granted the information regarding the names and other details of the beneficiaries of loan waiver scheme and contended that he was also seeking this information in larger public interest as these loan waiver amount have been given from the public exchequer and every citizen has a right to know as to whom this benefits have been provided. He also submitted that disclosure of this information would also expose corruption involved in the implementation of this scheme.
5. The respondent submitted that they had furnished the information regarding the number of beneficiaries under loan waiver scheme as per the FAA’s order and also informed that total no. is 127. They also submitted that other details of the beneficiaries of loan waiver scheme would not be given as these are exempt u/s 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; & (j) of the RTI Act.
6. The Commission in many previous orders have given the information regarding the list of beneficiaries of loan waiver scheme in larger public interest as in a recent case no. CIC/VS/A/2013/001192/SH & CIC/VS/A/2013/00 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 05/SH dated 25.7.2014, this Commission had observed that “… since the loans and disbursals, about which information has been sought, are either made from public funds or benefits from interest subsidy given from public funds, some information concerning the same should be available in the public domain…”
7. In view of the above, the Commission directs the respondent to furnish the names along with the loan waiver amount granted to those 127 beneficiaries to the appellant in larger public interest within 7 days of the receipt of the order of the Commission. The appeal is disposed of.
(Manjula Prasher)
Information Commissioner
Citation: Shri Narendra Singh v. State Bank of India in Appeal: No. CIC/VS/A/2013/001918/MP