Information about association of a Company with the bank as consultants such as the terms & conditions of the contract, amount paid and the report submitted was denied stating that it would hamper their competitive position - CIC: appeal rejected5 Feb, 2014
O R D E R
1. The appellant filed an RTI application with the PIO on 31.8.2012 seeking information about association of M/s. Mckinsey & Company with the bank as consultants. In all, information has been sought on 5 points. The CPIO responded pointwise on 6.10.2012.
2. Not satisfied with the reply of the PIO, the appellant filed an appeal on 1.11.2012 with the first appellate authority (FAA). The FAA upheld the reply of the CPIO on 7.12.2012. The appellant approached the Commission on 7.1.2013 in second appeal.
3. The appellant referred to his RTI application of 31.8.2012 and stated that he has not been provided complete information till date. The appellant stated that the respondent bank had appointed a company to help the bank as a consultant and it was on this light that he was seeking information about the terms and conditions of the contract, the amount paid and the report submitted by the consultant alongwith assessment done by the bank on the report.
4. The respondent stated that there is no report as such claimed by the appellant. As regards the information relating to M/s. Mckinsey & Company, who was engaged, the respondent stated that they took action under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act and sought the consent of the company whether the information relating to them could be divulged. However, the said company, vide their letter dated 4.10.2012 objected to disclosure of information as it would, in their view, hamper their competitive position.
5. The respondent’s action is in conformity with the RTI Act.
6. Intervention of the Commission is not required in the matter. The appeal is disposed of. Copy of the decision be given free of cost to both the parties.
Citation: Shri Awadhesh Pratap Singh v. State Bank of India in Decision No. CIC/VS/A/2013/000383/05734