CIC observed that the complainant has filed complaint under Section 18 of the RTI Act without exhausting the remedy of filing second appeal - CIC: The Commission does not find any substance in the complaint; Hence, the complaint is rejected
26 Nov, 2021O R D E R
1. The issues under consideration i.e. the reliefs sought by the complainant in his complaint dated 03.10.2019 due to alleged non-supply of information vide his RTI application dated 30.07.2019 are as under:-
(i) Penalty on the PIO under Section 19(8) (c) of the RTI Act, 2005.
(ii) Dismissal of the PIO on account of illegal, deliberate, malafide and baseless.
(iii) Administrative action and/ strictures, against the PIO (under Section 20(2), of the RTI Act, 2005.
(iv) Recommendation to the Canara Bank and the GOI – Ministry of Finance, for administrative action and/ strictures, against the PIO.
(vi) Direct the respondents to refund the application fee paid by complainant while submitting RTI Application, as per section (7) (6) of the RTI Act.
(vii) Invoke its powers under the RTI Act to issue any other direction or recommendation as it may deem appropriate.
(viii) Direct the public authority to make entry in Service Book/Annual Performance Appraisal Report of the respondents for defying the provisions of the Act. (ix) Compensation for the complainant for pecuniary and other loss
2. Succinctly facts of the case are that the complainant filed an application dated 30.07.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Canara Bank, Bangaluru, Karnataka, seeking following information:
(i) NPAs
• NPA in the 3 categories (Shishu, Kishor and Tarun) of Mudra loans o/s as at March 31, 2019, in terms of number and amount
o PIO to confirm that the list of NPA Accounts by name and value and geography is available in electronic format
• W.r.t. the above NPA loans in each of the 3 categories, the ageing in terms of the number of years for which the accounts are NPA (as at March 31, 2019) - by number and value
o Less than 1 year
o 1 - 2 years
o 2-3 years
o 3-4 years
• W.r.t. the above NPA loans in each of the 3 categories, the nature for the accounts which are NPA (as at March 31, 2019) by number and value
o Male and Female
o Minorities and Non-Minorities
o SC-ST and General
o OBC and General
• W.r.t. the above NPA loans (as at March 31, 2019) in each of the abovesaid 3 categories, the ageing in terms of the number of years, from when the loan was “sanctioned” (as opposed to when the loan became an NPA in point 2 above)
o FY 2015
o FY 2016
o FY 2017
o FY 2018
o FY 2019
• W.r.t. the above NPA loans (as at March 31, 2019) in each of the 3 categories, the state wise distribution of the NPA is sought for the Top 15 states by value and number of NPA accounts separately for the Bank
• W.r.t. the above NPA loans (as at March 31, 2019) in each of the 3 categories, the district wise distribution of the NPA is sought for the Top 15 districts by value and number of NPA accounts separately for the Bank
• PIO to confirm that the eligibility condition for the Mudra loans excludes previous defaulters, from the bank within a particular time period or for a time period
o In addition, if Yes, the PIO to provide the name of the technology system and platform used to verify and authenticate the same
• PIO to confirm that the eligibility condition for the Mudra loans excludes previous borrowers of mudra loans from the bank within a particular time period or for a time period
o In addition, If Yes, the PIO to provide the name of the technology system and platform used to verify and authenticate the same
• PIO to confirm that the eligibility condition for the Mudra loans excludes previous borrowers of mudra loans from other banks within a particular time period or for a time period
o In, addition, If Yes, the PIO to provide the name of the technology system and platform used to verify and authenticate the same
• PIO to confirm that the eligibility condition for the Mudra loans excludes previous other borrowers of mudra loans from the bank with the same address as the proposed borrower, within a particular time period or for a time period
o In addition, if yes, the PIO to provide the name of the technology system and platform used to verify and authenticate the same
o In, addition, If Yes, the PIO to provide the name of the technology system and platform used to verify and authenticate the same
• PIO to confirm that the eligibility condition for the Mudra loans excludes previous other borrowers of mudra loans from the bank with the same address as the proposed borrower, within a particular time period or for a time period o In addition, if yes, the PIO to provide the name of the technology system and platform used to verify and authenticate the same
(ii) Disbursals
• PIO to proviide the aggregate of the loan disbursals (on all India basis) in the 3 categories (Shishu, Kishor and Tarun) of mudra loans for the last 4 financiial years, in terms of number and amount
• PIO to proviide the aggregate of the loan disbursals (for the top 10 states by value and number of borrowers) in the 3 categories (Shishu, Kishor and Tarun) of mudra loans for the last 4 financial years, in terms of number and amount
• PIO to provide the aggregate of the loan disbursals (for the top 20 districts by value and number of borrowers) in the 3 categories (Shishu, Kishor and Tarun) of Mudra loans for the last 3 financial years, in terms of number and amount
• PIO to confirm that the disbursal of Shishu loans are made on outright basis or on re-imbursement node or direct payments to suppliers/vendors
o If on outright basis, PIO to confirm that the borrower has to provide proof of expenditure on self attestation basis or on declaration and/or certification
o PIO to provide the number of loan accounts for which the Bank has no proof of expenditure
o PIO to provide the number of loan accounts for which the Bank has no self attested/certified proof of expenditure
o PIO to provide the number of loan accounts for which the Bank has no 3rd party attested/certified proof of expenditure
• PIO to confirm that the disbursal of Kishor loans are made on outright basis or on re-imbursement node or direct payments to suppliers/vendors
o If on outright basis, PIO to confirm that the borrower has to provide proof of expenditure on self attestation basis or on declaration and/or certification
o PIO to provide the number of loan accounts for which the bank has no proof of expenditure
o PIO to provide the number of loan accounts for which the bank has no self attested/certified proof of expenditure
o PIO to provide the number of loan accounts for which the bank has no 3rd party attested/certified proof of expenditure
• PIO to confirm that the disbursal of Tarun loans are made on outright basis or on re-imbursement node or direct payments to suppliers/vendors
o If on outright basis, PIO to confirm that the borrower has to provide proof of expenditure on self attestation basis or on declaration and/or certification
o PIO to provide the number of loan accounts for which the bank has no proof of expenditure
o PIO to provide the number of loan accounts for which the bank has no self attested/certified proof of expenditure
o PIO to provide the number of loan accounts for which the bank has no 3rd party attested/certified proof of expenditure
(iii) Tarun and Kishor Loans
• W.r.t the Tarun and Kishor loans, separately, the PIO to provide the details of the number and value of loans o/s as at March 31, 2019, provided to 1st time entrepreneurs for each sector (as the sector of application of loan would be stated in the application form and the Project Report)
• W.r.t the Tarun and Kishor loans, separately, the PIO to provide the details of the number and value of loans o/s as at March 31, 2019, provided to Existing Businesses of entrepreneurs for each sector (as the sector of application of loan would be stated in the application form and the Project Report)
• W.r.t the NPA accounts related to Tarun and Kishor loans, separately, the PIO to provide the details of the number and value of loans o/s as at March 31, 2019, provided to 1st time entrepreneurs
• W.r.t the NPA accounts related to Tarun and Kishor loans, separately, the PIO to provide the details of the number and value of loans o/s as at March 31, 2019, provided to the existing business of entrepreneurs
• W.r.t the Loan accounts related to Tarun and Kishor loans for 1st time entrepreneurs, separately, the PIO to provide the details of the number and value of loans o/s ,as at March 31, 2019, provided for the following purposes, as sanctioned and/or disbursed
o Working Capital
o Asset Creation
o Operating Expense
o Refinancing Interest
o Marketing Expense
o Maintenance costs
o Offset Losses and Write Offs
• W.r.t the Loan accounts related to Tarun and Kishor loans for existing businesses of entrepreneurs, separately, the PIO to provide the details of the number and value of loans o/s as at March 31, 2019, provided for the following purposes, as sanctioned and/or disbursed
o Working Capital
o Asset Creation
o Operating Expense
o Refinancing Interest
o Marketing Expense
o Maintenance costs
o Offset Losses and Write Offs
(iv) Proof of expenditure
• PIO to confirm w.r.t the aggregate NPA loans o/s (by value) in each of the 3 loan categories (Shishu, Kishor and Tarun), as at March 31,2019, the following information
• PIO to confirm w.r.t the aggregate NPA loans o/s (by value) in each of the 3 loan categories (Shishu, Kishor and Tarun), as at March 31,2019, the following information
o Value of disbursals for which there is no proof of expenditure at all
o Value of disbursals for which there is proof of expenditure in terms of self certification only
o Value of disbursals for which there is proof of expenditure in terms of 3rd party certification only
o Value of disbursals for which there is proof of expenditure in terms of bills and invoices only
(v) Wilful defaulters and suits filed or recovery initiated cases
• PIO to provide w.r.t the aggregate MUDRA loans o/s (by value and number) in the 3 loan categories (Shishu, Kishor and Tarun),as at March 31, 2019, declated by the bank as wilful defaulters
• PIO to provide w.r.t the aggregate MUDRA loans o/s (by value and number) in the 3 loan categories (Shishu, Kishor and Tarun), as at March 31, 2019, w.r.t which the bank has initiated recovery proceedings of any sort
(vi) Technology/ERP Platforms
• W.r.t the MUDRA loan disbursals made by the Bank, the PIO is to confirm the following :
o That Each loan account is entered into the Bank’s Databases and ERP with the name of borrower, address, type of loan and loan account number
o PIO to provide a sample copy of the Data entry format used to make the loan disbursal entry into the Bank ERP and Bank IT Databases for each of the 3 mudra loan types
• W.r.t. the 3 types of Mudra Loans disbursed by the bank, the PIO is to provide the following data
o A screen shot of 3 sample loan accounts of the 3 types of loan accounts as displayed in the loans or borrower module /section of the Banks ERP/IT databases/systems
o If the bank so desires – it can blank out the names of the borrower and the address of the borrower as also the photos of the borrowers
(vii) Banks and 3rd party services
• PIO to confirm that it provides assistance to MUDRA borrowers to fill in the application and prepare a Tentative or Detailed Project Report
o If Yes, the PIO to provide 3 sample application forms and 3 Tentative Project Reports which the bank assisted the MUDRA borrowers to prepare in the 3 types of MUDRA loans
• PIO to confirm the number and value of MUDRA loans disbursed (in the last 4 years in the aggregate) for cases wherein the MUDRA borrowers used NGOs and other agencies to prepare the application form and the Tentative or Detailed Project Report, as also, to complete other formalities with the bank, for the sanction and disbursal of the MUDRA loan
o PIO to provide 3 sample application forms and 3 Tentative Project Reports which the said NGOs and other agencies, assisted the MUDRA borrowers to prepare, in the 3 types of MUDRA loans
(viii) Repeat borrowers
• PIO to confirm w.r.t the aggregate loans o/s (by value) in the 3 loan categories (Shishu, Kishor and Tarun),as at March 31, 2019, the following information
o Number and value of loans to repeat borrowers who made no loan defaults
o Number and value of loans to repeat borrowers who made some loan defaults
o Number and value of loans to repeat borrowers who made no loan defaults
o Number and value of loans to repeat borrowers who made some loan defaults
(ix) Procedures
• PIO to provide the loan application form and Project Report format and disbursal guidelines w.r.t the Shishu, Tarun and Kishor loans - and direct the applicant if the said information is available on an authentic mode, on a GOI portal on the web
(x)Statistics
• PIO to confirm that it has information w.r.t the aggregate number of MUDRA enterprise units in operation in various districts of India, as at March 31, 2019, even on a deductive basis (id.est., assuming that the Non NPAs are operational enterprise units)
(xi) Audits and inspections
• PIO to confirm that the Bank has carried out or funded the audit of the sanctions and disbursals of MUDRA loans by the Bank, at any time in the last 5 years
o If Yes, the nature, year, scope of audit and name of audit agency
o If Yes, the PIO to confirm that it has a copy of the said audit reports and that they are in eformat
o If Not, the bank to provide the name of the Public Authority which has the information w.r.t the said audit, if any, carried out
• PIO to confirm that the CAG has carried out the audit of the sanctions and disbursals of MUDRA loans by the Bank, at any time in the last 5 years
o If Yes, the nature, year, scope of audit and name of audit agency
o If Yes,the PIO to confirm that the Bank has a copy of the said audit reports and that they are in e-format
• PIO to confirm that the Bank or the disbursing bankers have used any agency or statistician to ascertain the end use of the Mudra loans in any geography in the last 5 years
o If Yes, the nature, year, scope of assignment and name of agency
o If Yes, the PIO to confirm that it has a copy of the said analytical or statistical reports and that they are in e-format
• PIO to confirm that the Bank or the disbursing bankers have used any agency or statistician to ascertain the end use of the Mudra loans in any geography in the last 5 years
o If Yes, the nature, year, scope of assignment and name of agency
o If Yes, the PIO to confirm that it has a copy of the said analytical or statistical reports and that they are in e-format
o If Not, the Bank to provide the name of the Public Authority which has the information w.r.t the said analysis, if any, carried out
(xii) Credit insurance
• PIO to confirm the aggregate credit insurance cover taken by the Bank w.r.t the o/s MUDRA loans as at March 31, 2019
(xiii) Case studies and sample credit cases
• PIO to conifrm that the Bank has made case studies on varied enterprise business models for each district or other geography of India, alongwith tie ups with suppliers, vendors, training companies and video and audio kits for the same
o If Yes, PIO to confirm that all the said data is in e-format
o If Yes, PIO to confirm that all the said data is available on the web on an authenticated source of the GOI.
The CPIO vide letter dated 07.09.2019 replied to the complainant. Dissatisfied with that, the complainant filed first appeal dated 04.10.2019. The First Appellate Authority (FAA) did not pass any order. Aggrieved by the same, the complainant filed a complaint dated 03.10.2019 before the Commission which is under consideration.
3. The complainant has filed the instant complaint dated 03.10.2019 inter alia on the grounds that reply given by the CPIO was incomplete, evasive and not satisfactory. The complainant requested the Commission to direct the CPIO to provide complete information and take necessary action as per Section 20 (1) of the RTI Act.
4. The CPIO replied vide letter dated 07.09.2019 and the same is reproduced as under:-
“MUDRA NPA in 3 categories as on 31.03.2019
Category No. of NPA accounts NPA Amount
SHI 57736 153.45
KSH 38064 513.98
TAR 3932 254.02
Total 99732 921.46
Further, information sought is not maintained in the manner sought for & culling out the same will disproportionately divert the resources of the Bank”.
The FAA did not pass any order.
5. The complainant and on behalf of the respondent Shri P.V.Hari, Asstt. General Manager & CPIO, Canara Bank (earlier Syndicate Bank), Bangalore attended the hearing through video conference.
5.1. The complainant inter alia submitted that most of the information sought by the complainant was rejected by the respondent arbitrarily on the pretext of non-availability. The respondent had not provided specific reasons or rationale while refusing the information. He further stated that most of the information sought was provided by the other banks as it submitted to the RBI and was also accessible at the press of a button or a command through the bank ERP. Further he stated that grounds taken by the CPIO that information sought was not available in the format it was sought was a blatant illegal. The information had been sought through e-format or can be accessed in a few minutes on a CD and it would not divert resources. The complainant further contended that the information was sought in the interest of transparency, accountability and larger public interest. Therefore, he requested that his complaint may be allowed in terms of prayer. Moreover, his complaint may be converted and considered as second appeal and the relief for providing the information may be granted. He complainant further stated that he had also filed a first appeal before filing a complaint before the Commission and as per the guidelines available in the web portal of the CIC, the Commission may pass direction to the CPIO to provide the information while hearing a complaint in case first appeal was also filed by the complainant.
5.2. The respondent while defending their case inter alia submitted that they had relied to the complainant and provided tabulated information against point no. 1 of the RTI application. Further, they stated that after receipt of hearing notice, they had revisited the RTI application and compiled certain information by using his manpower and provided revised point-wise information/reply to the complainant. It was also stated that information sought was not specific, voluminous, about various subjects and scattered in various offices and departments, collection of the same would disproportionate divert the resources of the bank. They also referred the following observations made by the Supreme Court in Central Board of Secondary Education and Anr vs. Aditya Bandhopadhyay and Ors (2011) 8 SCC 497:-
“…Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non-productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritizing ‘information furnishing’, at the cost of their normal and regular duties.”
6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observes that the respondent replied to the RTI application dated 30.07.2019 on 07.09.2019. Before dwelling upon the complaint some of the relevant cases may be discussed
6.1. In Mr. K.S. Vasudevan vs Ministry of Law and Justice [CIC/SS/A/2011/000828], the appellant filed RTI application dated 04.09.2010 seeking the following information:
“1(a) Whether it is mandatory and compulsory to continue the proceedings initiated by the Department when the criminal case is pending before any court of law against those officers; 1(b) Whether the judgments cited are binding on the Department or not;
2(i) If yes, then whether instructions have been issued by the Law Ministry to other Departments for keeping such cases in abeyance or not; and 2(ii) If not please cite the rules under which the Departmental proceedings can be conducted over-riding the above judgments.”
The Commission while disposing of the second appeal vide its decision dated 09.09.2011 made the following observations:
“4. After hearing the respondent and on perusal of relevant documents, the Commission observes that the appellant sought legal opinion from respondent; the same is not covered within the ambit of the definition of 'information' as laid down in 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; “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; “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; “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; “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; “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; “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; “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; “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 Commission finds no reason to disagree with the replies of respondent.”
6.2. In Sarojini Devi vs. Life Insurance Corporation of India [CIC/LICOI/A/2017/1769933-BJ], the appellant filed an RTI application dated 21.08.2017 seeking information on 05 points regarding the modified policy and practice of LIC in view of the Supreme Court Judgment which had held in 2014 that no Government Department/ Government Corporation will apply Public Premises Act (PP Act) to protected tenants who were in possession of the premises before 1958, list of cases under trial by LIC Estate Officer under PP Act which had been discharged/ cancelled by LIC and premises returned to rightful protected tenant in light of the above mentioned Supreme Court Judgment, etc. The Commission vide its decision dated 05.04.2019 while disposing of the second appeal and while relying upon the judgment of the Supreme Court in Khanapuram Gandaiah Vs. Administrative Officer and Ors. Special Leave Petition (Civil) No.34868 OF 2009 (decided on January 4, 2010) made the following observations.
6. "....Under the RTI Act "information" is defined under 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; “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; “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; “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; “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; “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; “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; “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; “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; which provides: "information" means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, 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."
This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed."
7. "....the Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the "public authority" under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and Respondent No. 4 was not obliged to give any reasons as to why he had taken such a decision in the matter which was before him."
The Appellant was not present to contest the submissions of the Respondent or to establish the larger public interest in disclosure which outweighs the harm to the protected interests.
DECISION:
Keeping in view the facts of the case and the submissions made by the Respondent, no further intervention of the Commission is required in the matter.”
6.3. In Mr. B. Venkateswara Rao vs. CPIO, Andhra Bank [CIC/SG/A/2012/001449], the RTI appellant filed an application dated 04.11.2011 seeking the following information:
“1. Does it not expedient for the bank authorities concerned to verify and ensure that everything is in the points after the customer leaves the locker room?
2. In the period 1-10-11 to 28-10-2011 no efforts to have been evinced to notice the fact of tempering of the locker. Can the reasons for this lapse on the part of the concerned authorities be permissible as per bank’s statutory rules?
3. Does it not require causing an immaculate intensive check of all the locking devices and ensuring safety in a foolproof manner by the Banking officials concerned just before they leave precincts of the Bank each day?
4. Are there any specific rules allowing the bank authorities to engage an unauthorized mechanic for the purpose?
5. Had there been strict surveillance of the bank officials concern throughout the operation or this repaired word?
6. Are there any rules under Bank’s Statute to allow a private person in the locker room without the surveillance of the bank officials?”
The Commission while disposing of the appeal passed the following directions vide its decision dated 27.06.2012:
“The Appeal is partially allowed. The PIO is directed to provide an attested copy of the Manual/Rules as directed above to the Appellant before 15 July 2012.”
6.4. In Shri Fasih Akhtar vs. CPIO, Prime Minister’s Office [CIC/CC/A/2015/002259], the appellant filed an RTI application dated 07.10.2014 seeking information on four points:
“(i) date of receipt of letter which was sent to the Prime Minister’s Office;
(ii) what action has been taken by the PMO on his representation dated 8-9-2014 relating to prohibition of cow slaughtering;
(iii) what is the reason why the Prime Minister did not convey congratulations on the occasion of Eid Day to the Muslim community; and (iv) it is against the Constitutional Rights that on the occasion of Hindu festivals Prime Minister conveys congratulations but on the festive occasion of Muslim he does not.”
The Commission while disposing of the appeal while disposing of the appeal vide its decision dated 30.08.2016 held:
“The Commission's intervention is not required in the matter. The appeal is disposed of”
6.5. In Govind Mittal vs. CPIO, National Highway Authority of India, Faridabad [CIC/SS/A/2012/003439] the appellant filed an RTI application dated 16.07.2010 seeking information on 3 points:
“(1) provide information that on how much distance should heconstruct the boundary of his HouseKothi No: 69 which is situated at Gandhi Nagar, Agra, U.P near to Highway no: 2 because at present he permission to construct boundary of his house at 82 feet away from the main Road of the Highway no. 2 from NHAI.
(2) At what rate compensation will be given for the acquired land by the NHAI?
(3) Provide information on what distance should he construct the main building of his House?”
The Commission while disposing of the appeal passed the following decision dated 29.08.2013:
“The Commission observes that the queries raised by the appellant in his RTI application are more in the nature of seeking advice and clarification whereas under the provisions of the RTI Act, 2005 only information as is held by the Respondent in material form can be provided. The Respondent are not expected to create information or to give advise. The information sought by the Appellant therefore does not qualify as information as defined under 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; “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; “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; “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; “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; “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; “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; “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; “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, 2005.”
6.6. In Kothandaraman Venkataraman vs. CPIO, Bank of India [CIC/BKOIN/A/2017/166537], the appellant filed RTI application dated 17.07.2017 seeking the following information:
(i) “Confirmation from telephone service provider for messages delivered from this ATM-TCE9038/ triggered by this ATM for my attempted withdrawal transaction no. 348748 on 8.9.16 and any other sms sent to my phone by your service provider for this transaction the same day.
(ii) name of telephone service provider for cross verification print out.
(iii) Appellant want the calibrated maximum delivery in Rupees machine-TCE9038 can deliver per withdrawal transaction, this when was last calibrated before 8.9.16 date and value. It can be 15000 or 10000 only.
(iv) inspecting this record wherever it is recorded / registered must be in Chennai.”
The Commission while disposing of the appeal passed the following decision dated 09.04.2019:
“6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, feels that there is no danger to life of any individual as claimed by the respondent under section 8 (1) (g) of RTI Act in providing
(i) “Confirmation from telephone service provider for messages delivered from this ATM-TCE9038/ triggered by this ATM for my attempted withdrawal transaction no. 348748 on 8.9.16 and any other sms sent to my phone by your service provider for this transaction the same day.
(ii) name of telephone service provider for cross verification print out.
(iii) Appellant want the calibrated maximum delivery in Rupees machine-TCE9038 can deliver per withdrawal transaction, this when was last calibrated before 8.9.16 date and value. It can be 15000 or 10000 only.
(iv) inspecting this record wherever it is recorded / registered must be in Chennai.”
The Commission while disposing of the appeal passed the following decision dated 09.04.2019:
“6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, feels that there is no danger to life of any individual as claimed by the respondent under section 8 (1) (g) of RTI Act in providing information. The information may be supplied within 15 days from the date of issue of this order.”
6.7. In Chayan Ghosh Chowdhury vs. CPIO, Punjab & Sind Bank [CIC/PASBK/A/2019/123506], the appellant filed RTI application seeking the following information:
Ø “Kindly provide the following information with respect to administrative control of Zonal Office, Bareilly:
(i) Number of employees, cadre wise& year-wise, who have been placed under Suspension, since 01.01.2013 to date of providing information.
(ii) Total remuneration, cadre-wise & year-wise, paid to suspended employees since 01.01.2013 to date of providing information.
(iii) Certified copies of the rules relied by the bank for review of suspension between 01.01.2013 to date of providing information.
(iv) Name & designation of officials who were members of the Review Committee for Suspension during the period 01.01.2013 to date of providing information.”
The Commission while disposing of the appeal passed the following directions vide order dated 20.09.2021:
“The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observes that the reply given by the respondent was incomplete and requisite information in response to point nos. (iii) and (iv) of the RTI application had not been provided so far. The stipulated time for transferring the RTI application to the concerned Branch having elapsed, it was the responsibility of the respondent to obtain the same and provide it to the appellant. Accordingly, the respondent is directed that information in respect to point nos. (iii) and (iv) of the RTI application be made available to the appellant along with uploading the same under section 4 (1) (b) of the RTI Act on their web portal within three weeks from the date of receipt of this order. With these observations and directions, the appeal is disposed of.”
6.8. Definition of Information under RTI Act, 2005 “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; “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; “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; “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; “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; “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; “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; “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; “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 defines 'Information' as any material in any form, including records, documents, memos, email, opinion, contract report logbooks, samples, models 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”.
Further, Section 2 (i) defines the term “record” which includes: a) document, manuscript and file b) microfilm, microfiche and facsimile copy of a document c) reproduction of image or images embodied in such microfilm (whether enlarged or not); and d) other material produced by a computer or any other device
RTI Act provides that only such information is required to be supplied under the Act, which already exists in material form and is held by the public authority or held under the control of the public authority. According to the Act, the public information officer is not to generate or interpret information, nor is he or she to solve problems raised by applicants or to respond to hypothetical questions.
6.8.1 The definition of “right to information” as given under section 2(j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; in the RTI Act is reproduced as under:
“2. Definitions.—In this Act, unless the context otherwise requires,—
(a)….
.
.
j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to— (i) inspection of work, documents, records; (ii) taking notes, extracts, or certified copies of documents or records; (iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;”
6.8.2 In Institute of chartered accountant of India V. Shahunak H. Satya and ors., [CIVIL APPEAL NO. 7571 of 2011] the Supreme Court laid down the following observations:
26. We however agree that it is necessary to make distinction regarding information intended to bring transparency to improve accountability and to reduce corruption, falling under section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; and (c) and other information which may not have a bearing on accountability or reducing corruption. The competent authorities under the RTI Act will have to maintain a proper balance so that while achieving transparency, the demand for information does not reach unmanageable proportions affecting other public interests, which include efficient operation of public authorities and government, preservation of confidentiality of sensitive information and optimum use of limited fiscal resources.”
6.8.3 In Central Board of Secondary Education & Anr. v. Aditya Bandopadhyay & Ors. [2011 (8) SCALE 645] the Supreme Court laid down the following observations:
“The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of section 3 and the definitions of ‘information’ and ‘right to information’ under clauses (f) and (j) of section 2 of the Act. If a public authority has any information in the form of data or analysed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in section 8 of the Act. But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant.
“….A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide ‘advice’ or ‘opinion’ to an applicant, nor required to obtain and furnish any ‘opinion’ or ‘advice’ to an applicant. The reference to ‘opinion’ or ‘advice’ in the definition of ‘information’ in 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; “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; “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; “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; “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; “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; “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; “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; “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 Act, only refers to such material available in the records of the public authority.…...”
6.8.4 In Khanapuram Gandaiah V Administrative Officer & Ors. [S.L.P. (Civil) 34868 of 2009], the Supreme Court vide judgment dated 04.01.2010 laid down the following observations:
“This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed, especially in matters pertaining to judicial decisions. A judge speaks through his judgments or orders passed by him. If any party feels aggrieved by the order/judgment passed by a judge, the remedy available to such a party is either to challenge the same by way of appeal or by revision or any other legally permissible mode. No litigant can be allowed to seek information as to why and for what reasons the judge had come to a particular decision or conclusion. A judge is not bound to explain later on for what reasons he had come to such a conclusion.”
6.8.5 In case of A.K. Vasudev V. CPIO, M/o Consumer Affairs, Food & Public Distribution, New Delhi, it was held that respondent is seeking answers to his questions, which does not fall within the definition of ‘information’ as per 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; “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; “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; “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; “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; “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; “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; “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; “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 Commission refers to the decision of Hon’ble Bombay High Court at Goa in the matter of Dr. Celsa Pinto V. Goa State Information Commission (W.P. No. 419 of 2007, decision dated 03.04.2008) wherein it was held as follows:
“The definition of information cannot include within its fold answers to the question “why” which would be same thing as asking the reason for a justification for a particular thing. The public information authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justification are matter within the domain of adjudicating authorities and cannot properly be classified as information.”
6.8.6 Right to information only to citizen of India
The Right to Information Act gives right to information only to citizen of India. It does not make provision for giving information to companies, associations, corporations etc. However, if an application is made by an employee of any corporation, association, company, NGO indicating his name and such employee/officer bearer is a citizen of India then in that case it would presume that a citizen has sought information and the information may be supplied to him/her.
6.8.7 Information relating to any private body
The objective is to make public authority liable to make the information under their custody accessible to the citizens and such obligation is not on the private bodies. However, in case the information which as a mandatory filing or otherwise is available with the public authorities being public record subject to exemptions is accessible under RTI. Information relating to any private body although cannot be obtained directly but can be obtained through a public authority if law allows public authority to access it through mandatory filing or inspection etc. and thus become custodian.
6.8.8 In case of Poorna Prajna High School V. Central Information Commission it was held that it is mandatory for public authorities to disseminate information that is accessible to them. As a result, information that a public body has access to is deemed information under 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; “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; “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; “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; “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; “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; “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; “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; “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 Right to Information Act, 2005. Here public authority is referred to as the framework or the body under which the institution is governed.
6.8.9 In case of Reserve Bank of India V. Jayantilal Mistry the Court briefly analysed 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; “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; “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; “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; “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; “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; “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; “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; “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, which defines information to include “… information relating to any private body which can accessed by a public authority under any other law for the time being in force.” Using this inclusive definition, the Court held that, even if a fiduciary relationship existed between the RBI and other banks, 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; “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; “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; “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; “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; “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; “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; “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; “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; would render them accessible to the public.”
6.8.10 As per the RTI rules 2012, an application under sub-section (1) of Section 6 of the Act shall be accompanied by a fee of rupees ten and shall ordinarily not contain more than five hundred words, excluding containing address of the Central Public Information Officer and that of the applicant. However, the RTI application filed by the complainant was having around 1800 words.
6.8.11 Perusal of the RTI application against which the complainant has filed complaint reveals that he has sought details of Willful Defaulters, NPA Analytics, Loss, doubtful or written off loans, Financial supply chain of banks, CRD/OTS, NPA Turnaround, Adhoc limits, FX, Gifts, donations/DEA Fund and Commissions, Demo/GST, Limitation and NPA Sales, Unclaimed Deposits and Lockers and EB. Perusal further reveals that in most of the cases he has not sought any material or copy of the order instead he has sought confirmation, analytics, details of processes etc. Thus he has not sought records or documents which were in the custody of the public authority.
6.9 The position when a complaint is filed by the complainant and the same is registered under Section 18 of the RTI Act may be discussed in the first instance.
6.9.1 During hearing the complainant raised the issue of converting complaint into appeal and prayed for the information in terms of the guidelines available on the CIC portal. Succinctly, the facts of the case on the subject are that earlier the field was occupied by an order dated 21st September, 2017, the relevant para 1 of the order is reproduced as under:
“In a case of complaint(s) where the applicant seeks information and also requests for imposition of penalty on the CPIO, the complaint should be registered as Second Appeal, in case First Appeal was also filed by the applicant, as both reliefs sought by the applicant can be made available under Section 19”.
6.9.2 Subsequently, the order was amended vide order dated 14th June,2018. The relevant portion of the order under the head Registration of Complaint is re-produced as under:
“During scrutiny of Complaint, if it is found that the Complainant has requested for the information along with the imposition of the penalty, the Complaint should be registered as Second Appeal, provided first appeal had been filed by the Complainant. However, if the first appeal has not been filed, the person concerned may be asked to file first appeal before filing second appeal.”
6.9.3 The matter was discussed during the meeting held on 22nd May,2019 including the order of the CIC dated 14th June,2019. It was unanimously decided that the same would be withdrawn. The order dated 27th May,2019 withdrawing the order dated 14th June,2018 holds the field for the present.
6.9.4 It may be noted that while considering the issue as to whether the relief under section 19 of the Act maybe granted under section 18 of the RTI Act or not, the Commission in Sanjay Ramesh Shirodkar vs. Mumbai International Airport Ltd.[CIC/MA/C/2008/000195] passed the following observations vide its order dated 18.05.2020:
“6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observes that the complainant had not filed second appeal aggrieved by non receipt of information/reply in response to his RTI application and first appeal before approaching this commission by way of complaint. Prima facie, it may not be unreasonable for MIAL to consider itself not covered within the meaning of public authority under the RTI Act. Keeping in view of the above facts, it might not be proper for this Commission, on a complaint, where the relief sought had been punishment for not maintaining a list of CPIOs to punish without holding MIAL a ‘public authority’ or to treat complaint as second appeal. The ideal situation should have been that the complainant had exhausted available remedies i.e. First Appeal and/or Second Appeal. Having been not declared as ‘public authority’, MIAL might not be under an obligation to disclose the information requested for by the complainant nor maintain a list of CPIOs as mandated by the RTI Act.
6.9.5 The Supreme Court in the case of Chief Information Commissioner and Another Vs State of Manipur and Another [(2011) 15 Supreme Court Cases 1] has held :-
“The only order which can be passed by the Information Commissioner under Section 18 is an order of penalty provided under Section 20. However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide. The Commissioner while entertaining a complaint under Section 18 has no jurisdiction to pass an order providing for access to the information. The appellant after having applied for information under Section 6 and then not having received any reply thereto, it must be deemed that he has been refused the information. The remedy for such a person who has been refused the information is provided under Section 19 of the Act.”
6.10 The Commission after adverting to the facts and circumstances of the case hearing both the parties and perusal of records, observes that the complainant has filed complaint under Section 18 of the RTI Act. He filed the complaint without exhausting the remedy of filing second appeal. In view of the factual as well as legal discussions made above, the Commission does not find any substance in the complaint. Hence, the complaint is rejected.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Suresh Chandra)
Information Commissioner
Citation: Samir Sardana v. CPIO: Canara Bank in Complaint No. CIC/CANBK/C/2019/652917, Date of order: 01.11.2021