Should details of recovery of bank loan be disclosed under RTI?

Background

The appellant had taken a loan from the bank in the name of the industry owned by him. The loan became an NPA and the bank filed recovery suits before the appropriate tribunal and handed over the mortgaged assets to an asset recovery company. The appellant sought information relating to this matter through 10 different RTI applications. The Public Information Officer (PIO) refused to disclose any information on the ground that the matter was sub-judice and was related to internal correspondence/records of the bank. The First Appellate Authority (FAA) endorsed the views of the PIO.

View of CIC

The Central Information Commission observed that the bank is a public authority and conducts its business including recovery of loan in a transparent and objective manner. The Commission directed the PIO to invite the appellant to inspect all the available records in the possession of the bank relating to his loan account, recovery of the loan and the disposal of his complaints and representations. Further, if the appellant asks for any copies after the inspection, the PIO should provide them to him and handover a list of documents shown and inspected with the confirmation that there is no other record/document concerning this matter other than what has been shown to the appellant.

Citation: Shri Sunil Pathak v. Central Bank of India in File No. CIC/SM/A/2011/900692, 760, 900744, 900778, 900982, 901176, 901587, 901592, 901598 & 1646