Information about the loan cases availing credit facility of more than Rs. one crore was denied u/s 8(1)(e) and 8(1)(j) by the bank - CIC: provide information on the action taken under the SARFAESI Act without disclosing the names and addresses of persons
O R D E R
1. The appellant filed an RTI application with the PIO on 8.8.2012 seeking information about the loan cases availing credit facility of more than Rs. one crore as on 31.3.2008 under his jurisdiction. In all, information has been sought on 5 points. The CPIO responded pointwise on 3.9.2012.
2. Not satisfied with the reply of the PIO, the appellant filed an appeal on 29.9.2012 with the first appellate authority (FAA). The FAA upheld the reply of CPIO on 27.10.2012. The appellant approached the Commission on 20.12.2012 in second appeal.
3. The appellant, represented by another person with authority, participated in the hearing personally. The respondent participated in the hearing through video conferencing.
4. The appellant referred to his RTI application of 8.8.2012 seeking information on 5 points in respect of NPA accounts. The appellant stated that the respondent did not address his points fully and sent a casual reply.
5. The respondent stated that they have responded to the RTI application by a letter dated 3.9.2012. The respondent elaborated that they could not provide information on point 2 of the RTI application because the information sought pertained to information held by the bank in fiduciary capacity. The respondent stated that the bank was of the view that information, in which particulars are being sought about the NPA accounts, that is held by the bank in a fiduciary relationship, hence the bank denied the information to the appellant under 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; and (j) of the RTI Act.
6. The appellant stated that the bank has given only partial information on points 3 and 4 and that information has been evasive and a generalized one which seems to be quite meaningless and that no information has been given on point 2.
7. The respondent stated that a consolidated position has been given in reference to point 3, as individual information is given only when action under the SARFAESI Act is taken. In other cases, personal information is not disclosed.
8. The respondent is directed to provide information to the appellant on the action taken under the SARFAESI Act without disclosing the names and addresses of the persons concerned, within 30 days of this order. The appeal is disposed of. Copy of the decision be given free of cost to both the parties.
Citation: Shri Vipan Kumar Mahajan v. State Bank of India in Decision No. CIC/VS/A/2013/000290/05648