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[Cites 3, Cited by 0]

Central Information Commission

Shivangi Sharma vs State Bank Of India on 22 July, 2025

                                        के ीय सूचना आयोग
                             Central Information Commission
                                  बाबा गं गनाथ माग,मुिनरका
                              Baba Gangnath Marg, Munirka
                                नई िद     ी, New Delhi - 110067
ि तीय अपील सं        ा / Second Appeal No. CIC/SBIND/A/2024/623950

Shivangi Sharma                                                   ... अपीलकता/Appellant

                                        VERSUS
                                         बनाम
CPIO: State Bank of India,
Pune, MH                                                     ... ितवादीगण/Respondent


Relevant dates emerging from the appeal:

RTI : 10.04.2024               FA       : 19.04.2024              SA     : Nil.
CPIO : 15.04.2024 &
                               FAO : 17.05.2024                   Hearing : 29.05.2025
27.05.2024

Date of Decision: 21.07.2025
                                         CORAM:
                                   Hon'ble Commissioner
                                 _ANANDI RAMALINGAM
                                        ORDER

1. The Appellant filed an RTI application dated 10.04.2024 seeking information on the following points:

 "With respect to SBI branch at Speciality Business Centre Showroom 1 and 2 off Baner Road To Haveli Pune Distt Pune Maharashtra 411045 with IFSC as SBIN0016845, please furnish the following details:
1. Total number of lockers.
2. Number of lockers issued.
3. Number of lockers available.
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4. Copy of the SBI request letter for procurement of New Lockers and copy of the approval given by the Competent Authority.
5. Future expansion of lockers planned in Numbers....." etc.

2. The CPIO replied vide letter dated 15.04.2024 and the same is reproduced as under:-

"Your application has been rejected on the grounds specified in Section 8(1)(d) of the Right to Information Act, 2005.
Section 8(1)(d) of the RTI Act, 2005 exempts the disclosure of information that pertains to the commercial confidence of Public Authority."

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.04.2024. The FAA vide order dated 17.05.2024 observed that in light of the Appellant's contentions, the CPIO's reply should be revisited and directed the CPIO accordingly.

4. In compliance with the FAA's order, the CPIO replied vide letter dated 27.05.2024 and the same is reproduced as under: -

"We would like to submit the information required by you as below:
Reply to Point 1: 1343 Lockers Reply to Point 2: 1226 Lockers Reply to Point 3: 117 Lockers Reply to Point 4 to 6: Section 8(1)(d) of the RTI Act, 2005 exempts the disclosure of information that pertains to the commercial confidence of Public Authority...."

5. Aggrieved with the response received from the CPIO on points 4, 6 & 7 of the RTI Application, the Appellant approached the Commission with the instant Second Appeal dated Nil stating as under:

"f.a. Points at serial number 4 to 6 of the RTI Application.
Page 2 of 5
With the application of RTI Section 8(1) (d) by the learned CPIO for Points 4 to 6, it is respectfully submitted that Madras High Court in the case of Electronics Corporation of Tamil Nadu Limited versus Tamil Nadu Information Commission has held that "exemption under Section 8 (1) (d) relating to commercial confidence, trade secrets itself had not made absolute embargo and if the competent authority is satisfied that larger public interest warrants disclosure, then such an information should be furnished." The copy of the Judgment is placed is placed at Annexure "A".

As allotment of bank lockers has a larger public interest involved, the information needs to be disclosed for transparency to the general public. The fact is that the general public in unaware of the locker status and is suffering because the said branch is not sharing the locker status on any of the forums available, resulting in suppression of the information.

f.b. Waiting List No. of Shivangi Sharma: 490 th. (CPIO Revised reply Refer 7s, Page 18) With reference to the directives issued by the Reserve Bank Of India issued vide # RBI/2021/-2022/86 of August 18, 2021 (copy appended as Annexure "B") which states under Part II: Locker Allotment as "In order to facilitate customers making informed choices, banks shall maintain a branch wise list of vacant lockers as well as a wait-list in Core Banking System (CBS) or any other Computerized system compliant with cyber security framework issued by RBI, for the purpose of allotment of lockers and ensure transparency in allotment of lockers. The banks shall acknowledge the receipt of all applications for allotment of locker and provide a wait list number to the customers, if the lockers are not available for allotment."

In light of the above, the computerized waiting list, acknowledgements issued for waiting list numbers may please be provided to understand the methodology adopted by the said SBI branch in reaching to the waiting list number of 490 for fairness and transparency."

Page 3 of 5

6. The Appellant remained absent during the hearing and on behalf of the Respondent, Sandeep Patil, Regional Head & CPIO attended the hearing through video conference.

7. The Commission took on record the written submissions of the Respondent dated 28.05.2025 reiterating the replies provided to the Appellant and stating against the above second appeal grounds as under:

"f.(a):
Reply to Point with serial No.4 to 6: Section 8(1)(d) of the RTI Act, 2005 exempts the disclosure of information that to the commercial confidence of Public Authority f.(b):
The computerised data about allotted lockers and vacant lockers is maintained in Core banking System of branches, which is internal for Bank. However offline Locker record is maintained at respective branches including allotted and available lockers with wait list to maintain transparency in locker allotment. The same is made available to public on request."

Upon a query from the Commission asking for the rationale behind invoking Section 8(1)(d) for innocuous records purely affecting customer service/public interest in the case of the bank, in terms of mere procurement letter for new lockers; generic details of GeM contract, if any, etc., the CPIO vaguely submitted that there will be competition from other banks.

8. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the reply of the CPIO even after the FAA ordered to revisit the original square denial of the information under Section 8(1)(d) of the RTI Act appears to be irrational and without justification with respect to points 4 & 6 of the RTI Application. The CPIO is now hereby directed to provide the available information in respect of points 4 & 6 of the RTI Application after redacting only the names and identifying particulars of any third party figuring in the procurement letter;

Page 4 of 5

approval of competent authority; GeM contract; minutes of the meeting etc. The CPIO shall also state unavailability of information, wherever applicable, against the relevant point or sub-points (in the case of point no.6).

The above stated information shall be provided free of cost to the Appellant within 15 days of the receipt of this order under due intimation to the Commission.

9. Further, as regards, point no.7, the Appellant has raised a query seeking additional information in the second appeal based on the reply received from the CPIO, which is thus not maintainable.

10. The Appeal is disposed of accordingly.

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

Sd/-

(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 21.07.2025 Authenticated true copy O. P. Pokhriyal (ओ. पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1 The CPIO "State Bank of India, CPIO, Regional Business Office
-Pune West, 386/2, Sharada Chambers, 4th Floor, Shankarsheth Road, Pune, Mh-411037 "
2 Shivangi Sharma Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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