Central Information Commission
Shri. K Lall vs Reserve Bank Of India on 19 August, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SM/A/2011/000528/SG/14176
Appeal No. CIC/SM/A/2011/000528/SG
Relevant Facts emerging from the Appeal
Appellant : Mr. K. Lall,
Malviya Nagar,
New Delhi-110017.
Respondent : Mr. G. Jaganmohan Rao
PIO & Chief General Manager Reserve Bank Of India, DBS, Central Office, Centre 1, Cuffe Parade,Colaba, Mumbai-005 RTI application filed on : 25 /08/2010 PIO replied : 30/09/2010 First appeal filed on : 20/10/2010 First Appellate Authority order : 11/11/2010 Second Appeal received on : 10/01/2011 Sl. Queries PIO's Reply 1 Since Canara Bank, Jeevan Bharti Branch is not responding to the Appellant. He has sought information with the RBI under the Banking Regulation Act and has asked o provide him with the following documents withheld by Canara bank.
2 Provide me the copy of alleged request No reply.
letter dated 07-05-1996 for Temporary Overdraft on my account no. 1769 as has been mentioned in various correspondence and suit no. 740/2002 3 Provide me the copy of the loan document No Reply which has been executed in Acknowledgement of Debt and Security form dated 27-03-1999 4 Provide me the statutoryThe information collected during the inspection/ Audit/concurrent/Inspection reports of RBI scrutiny is confidential in nature and held by us in a inspectors from 1996-2002 fiduciary capacity .As such the information cannot be disclosed in terms of Section 8(1) (a) (d) and (e) of the RTI Act.
5 Provide me the file noting ,internal notes, Since Canara Bank s a "public authority".You may internal correspondence between officials approach it for information. regarding aforesaid matter from 07-05- 1996 to date.
6 Provide me the copy of follows: No Reply
i)Dr./Cr. Vouchers of 1st and 6th May,1996
ii)Copy of voucher/pay in slip dated 07- 05-1996 debiting Rs 2 lakh and crediting the same to current no. 4190 vide check no. 702203 dated 05-05-1996 .
iii)Copy of voucher no. LCBD-425 dated 28-09-1996
iv)Please inform when LCBD-425 was purchased by you and credited the amount of Rs. 1,99,651/- instantly, why again the debit of Rs. 2,00,416/- was made to my above account. Please inform me as to why the recovery process was not initiated against the drawer under NIA Act.
v)Provide the copies of pay in slips/vouchers of Rs. 25000 and Rs .50000 credited to his account
vi)Provide the copies of voucher dated 05- 02-1998 beaNoring transfer of Rs. 36000/- from his SB account no. 15507 to current account no. 1769 along with notice and reason for the same.
Grounds For First appeal:
The Appellant is not satisfied with the information.
The First Appellant Authority's Order:
The audits/concurrent reports sought by the Appellant are exempt from disclosure under clause (a) (d)
(e) of Section 8(1) of the Act. Also Canara Bank is a Public authority as defined by Section 2(h),the Appellant if so desires can approach the bank directly.
Grounds For second Appeal No action taken even after the First Appellate Authority's order.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Abhilash, Assistant Legal Advisor on behalf of Mr. G. Jaganmohan Rao, PIO & Chief General Manager on video conference from NIC-Mumbai Studio; The PIO has not given information about the audit reports of Canara Bank claiming exemption under Section 8(1)(a),(d) &(e). The Commission accepts the contention of the PIO that audit reports of Canara Bank would be exempt from disclosure under Section 8(1) (d) & (e).
Decision:
The Appeal is disposed.
The information sought by the Appellant is exempt under Section 8(1)(d) & (e) of the RTI Act.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 19 August 2011 (In any correspondence on this decision, mention the complete decision number.)(GS)