Indian Kanoon - Search engine for Indian Law

Central Information Commission

Sunil Dutt vs Rural / Gramin Banks on 26 July, 2018

                                   के   ीय सूचना आयोग
                          Central Information Commission
                                बाबा गंगनाथ माग
, मुिनरका
                           Baba Gangnath Marg, Munirka
                              नई  द
ली, New Delhi - 110067



ि तीय अपील सं या / Second Appeal No. CIC/RUGBK/A/2017/107102


Sunil Dutt                                                    ... अपीलकता /Appellant

                                     VERSUS
                                      बनाम

CPIO, Kashi Gomti Samyut Gramin Bank,
Regional Office, Chandauli                              ... ितवादीगण /Respondents

Relevant dates emerging from the appeal:

     RTI : 17.10.2016        FA     : 03.01.2017         SA      : 28.01.2017

     CPIO: 09.11.2016        FAAO: 18.01.2017            Hearing: 24.07.2018

                                    ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Kashi Gomti Samyut Gramin Bank, Regional Office, Chandauli seeking the total number of Above Poverty Line (APL) borrowers to whom loans were sanctioned under Swarnajayanti Grameen Swarojgar Yojana (SGSY) by Kashi Gomti Samyut Gramin Bank, Utraut along with their names, father's name and addresses.

2. The appellant filed a second appeal before the Commission on the grounds that the CPIO denied information under Section 8 of the RTI Act. The appellant Page 1 of 4 requested the Commission to direct the CPIO to provide information and to impose a penalty upon the CPIO. He also requested the Commission to award him compensation of Rs. 5000/- for the loss and detriment suffered by him.

Hearing:

3. The appellant's representative Shri Shravan Kumar and the respondent Shri Pradeep Kumar Vaidya, Senior Manager, Kashi Gomti Samyut Gramin Bank, Regional Office, Chandauli attended the hearing through videoconferencing.

4. The appellant's representative submitted that the CPIO wrongly denied the information sought under Section 8 of the RTI Act. He added that he needs information for the period from 1999 till the closure of Swarnajayanti Grameen Swarojgar Yojana in 2013.

5. The respondent submitted that in response to the RTI application a reply was furnished to the appellant vide letter dated 09.11.2016. The appellant has sought information pertaining to the borrowers under Swarnajayanti Grameen Swarojgar Yojana, which pertains to personal information of third parties, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties and hence, its disclosure is exempted under Section 8(1) (j) of the RTI Act. He further stated that the information sought for the period from the year 1999 to 2013 is voluminous in nature, collating and compiling of which would disproportionately divert the resources of the respondent organization. However, information for the three years from 2010 to 2013 can be provided to the appellant.

Decision:

6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that the respondent denied the information sought for in totality on the grounds that it is exempted from disclosure as per Section 8(1)

(j) of the RTI Act. However, this exemption has been incorrectly invoked as it does not apply to information pertaining to the total number of borrowers and the total amount of loan sanctioned. The Commission, therefore, directs the respondent to provide the total number of borrowers, the total number of groups and the total amount of loan sanctioned to them under the Swarnajayanti Grameen Swarojgar Yojana from the year 2010 to 2013, to the appellant, within a period of four weeks from the date of receipt of a copy of this order under intimation to this Commission.

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

8. Copy of the decision be provided free of cost to the parties.

Sudhir Bhargava (सुधीर भाग व) Information Commissioner (सूचना आयु ) दनांक / Date 25.07.2018 Authenticated true copy (अिभ मािणत स यािपत ित) S. S. Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26105682 / [email protected] Page 3 of 4 Addresses of the parties:

1. The Central Public Information Officer (CPIO), Kashi Gomti Samyut Gramin Bank Regional Office, Chandauli Near Gupta Petrol Pump, GT Road, Alinagar, Mughalsarai, Chandauli Uttar Pradesh

2. Shri Sunil Dutt Page 4 of 4