Information regarding encashment of a cheque by a bank employee & her fixed deposit holdings was sought - CIC: The allegation concerning diversion of funds of the charitable trust cannot become the ground of larger public interest; Denial upheld

Facts

This matter, pertaining to an RTI application dated 29.4.2014 filed by Shri K. Jayaraman / Srinivas and others, seeking information on two points regarding encashment of a cheque by an employee of the bank and her fixed deposit holdings, came up today. Speaking on behalf of the Appellants, Shri K. Jayaraman stated that he and some others were members of a charitable trust. He alleged that the founder trustee siphoned off some funds of the trust to his wife, who is an employee of the Respondent Bank. The cheque, about which information was sought at point No. 1 of the RTI application, was regarding some funds due to the trust, but diverted to the account of the lady through a cheque issued in her favour. Shri K. Jayaraman further submitted that he and the other Appellants have left the trust because of irregularities in its functioning. They also made a complaint in the matter to the CVC in 2013, but did not get a satisfactory reply from the bank. Therefore, the RTI application dated 29.4.2014 was filed to get the information regarding the above mentioned cheque and the fixed deposits of the lady employee. The Respondents reiterated their decision to deny the information under Section 8 (1) (j) of the RTI Act. They further submitted that the Appellants have filed a criminal complaint in the same matter and the issue is pending before the Additional Metropolitan Magistrate in Bangalore.

2. We have considered the records and the submissions made by both the parties before us. It is noted that the bank holds the information concerning the accounts of its customers in a fiduciary capacity and the information sought in this case is also the personal information of the account holder. Such information is exempted from disclosure under Section 8 (1) (e) and (j) of the RTI Act. No larger public interest has been established by the Appellants. Their allegation concerning diversion of funds of the charitable trust cannot become the ground of larger public interest. As stated above, the Appellants have already filed a criminal complaint and the matter is pending before a court.

3. In view of the foregoing, we uphold the decision of the Respondents to deny the information in this case.

4. With the above observations, the appeal is disposed of.

5. Copies of this order be given free of cost to the parties.

(Sharat Sabharwal)

Information Commissioner

Citation: Shri K. Jayaraman/ Srinivas & Others v. Corporation Bank in File No. CIC/SH/A/2014/001426