Central Information Commission
Mrb S Arora vs Andhra Bank on 17 March, 2016
Central Information Commission, New Delhi
File No. CIC/SH/A/2014/001704
Right to Information Act2005Under Section (19)
Date of first hearing : 9th September 2015
Date of first order : 9th September 2015
Date of second hearing : 5th November 2015
Date of second order : 5th November 2015
Date of third hearing : 11th January 2016
Date of third order : 11th January 2016
Date of fourth hearing : 17th March 2016
Date of fourth order : 17th March 2016
Name of the Appellant : Shri B. S. Arora, Advocate,
Chamber No. 72, Patiala House Court,
India Gate, New Delhi 110001
Name of the Public Authority : Central Public Information Officer,
Andhra Bank, Legal Department, Head
Office, Dr. Pattabhi Bhawan, 5911,
Saifabad, Hyderabad 500 004
Attendance during the hearing on 9.9.2015
The Appellant was present in person.
On behalf of the Respondents, Shri Pawan Kumar Singh, Manager (Law) was
present at the NIC Studio, Rangareddy.
CIC/SH/A/2014/001704 Attendance during the hearing on 5.11.2015 and 11.1.2016. The Appellant was present in person.
On behalf of the Respondents, Shri Prabhat Ranjan Singh, Senior Manager (Law) was present in person.
Advocate Ajit Warrier was present in person on behalf of the third party, IFLIC. Attendance during the hearing on 17.3.2016.
The Appellant was present in person.
On behalf of the Respondents, Shri Prabhat Ranjan Singh, Senior Manager (Law) was present in person.
On behalf of the third party, IFLIC, the following were present in person:
1. Shri Sandeep Grover.
2. Ms. Tarunima Vijra.
Information Commissioner : Shri Sharat Sabharwal Hearing on 9.9.2015
This matter, pertaining to an RTI application dated 7.2.2014 filed by the Appellant, seeking information on five points regarding cobranded cards, known as 'India First Health Card', came up today. The Appellant submitted that the information sought by him has not been provided. In response to our query, he stated that he would be satisfied if he CIC/SH/A/2014/001704 is provided information in response to points No. 1, 2 and 5 of his RTI application. The Respondents stated that the information sought by the Appellant pertains to the health product of IFLIC and is available with them. They further submitted that they act only as corporate agent for IFLIC. They also stated that they had requested IFLIC to provide the information, but were informed by them that they are not a public authority under the RTI Act. The Appellant stated that the card is being issued by Andhra Bank on the basis of approval of RBI. Andhra Bank formed IFLIC and 74% of its equity is held by Andhra Bank and Bank of Baroda. Therefore, IFLIC cannot claim that they are not a public authority.
2. We have considered the records and the submissions made by both the parties.
November 2015 at 2.00 p.m.
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The matter is adjourned to be heard again on 5 in Room
No. 305, 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi - 110066. The CPIO is directed to forward a copy of this order by registered post, immediately on its receipt, to the officer concerned of the IFLIC, informing them to be present at the next hearing, in case they wish to make any submissions.
3. We also draw the attention of the Appellant to the following observation made by the Supreme Court in its judgment dated 7.10.2013 in Thalappalam Ser. Coop. Bank Limited & Ors. Vs. State of Kerala & Ors. [Arising out of SLP (C) No. 24290 of 2012]: "The burden to show that a body is owned, controlled or substantially financed or that a nongovernment organization is substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information or the appropriate Government and can be examined by the State Information Commission or the Central Information Commission as the case may be, when the question comes up for consideration." The Appellant may send his written submissions, if any, in the light of the above, so as to reach the Commission latest by 29.10.2015.
CIC/SH/A/2014/001704 Hearing on 5.11.2015
4. This matter came up again today. Advocate Ajit Warrier filed written submissions dated 2.11.2015 on behalf of the India First Life Insurance Company Ltd. (IFLIC). He handed over copies of the submissions to the Appellant and the representative of the Respondents during the proceedings. Advocate Warrier stated that IFLIC have received only the copy of the Commission's interim order dated 9.9.2015, but do not have a copy of the second appeal filed by the Appellant to the Commission, which is required by them to present their case. The Appellant agreed to send a copy of his second appeal, together with the relevant enclosures, to the third party (IFLIC), within ten days. He further submitted that he would file his reply to the written submissions dated 2.11.2015 of IFLIC to the Commission within a period of four weeks. He is directed to forward copies of his reply to IFLIC and the Respondents also.
5. The matter is adjourned to be heard again on 11th January, 2016 at 2.30 p.m. In case any further written submissions are filed to the Commission by any of the parties, they should ensure that copies of the same are made available to the remaining parties before the next hearing on 11.1.2016.
Hearing on 11.1.2016
6. The matter came up again today. Advocate Ajit Warrier had filed written submissions dated 2.11.2015 on behalf of the third party, IFLIC. The Appellant and the Respondents acknowledged having received a copy of the same. The Appellant also filed his written submissions dated 5.1.2016. Advocate Warrier acknowledged having received a copy of the same. However, the Respondents stated that a copy of these submissions CIC/SH/A/2014/001704 has not been provided to them. Accordingly, the Appellant is directed to forward a copy of his written submissions dated 5.1.2016 to the Respondents, so as to reach them before the date of the next hearing on 29.2.2016.
7. Before going into the issue of whether IFLIC is a public authority under the RTI Act, we asked the Respondents to indicate the procedure for issuance of the IFLIC cards. They stated that they are the corporate agent of IFLIC and in this capacity, receive applications from public for issuance of IFLIC cards. These applications are forwarded to IFLIC for their consideration and the cards issued by them are provided to those applicants, who applied through Andhra Bank, through the Respondent Bank. In the light of the foregoing, we are of the view that the information sought by the Appellant at points No. 1, 2 and 5 of his RTI application, in so far as the cards issued through the Respondent Bank are concerned, should be available with the Respondents. They were asked as to why they were not willing to provide this information. At this stage, both the representative of the Respondents and Advocate Ajit Warrier stated that they would have to examine this matter further before making their submissions.
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8. In view of the foregoing, the matter is adjourned to be heard again on 29 February, 2016 at 2.00 p.m. at Room No. 305, 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110066.
Hearing on 17.3.2016
9. The matter came up again today. The Respondents confirmed that they have received a copy of the written submissions dated 5.1.2016 of the Appellant. Speaking on behalf of the Respondents, Shri Prabhat Ranjan Singh, Senior Manager (Law) stated that he wanted to modify the statement made by him during the hearing on 11.1.2016 and CIC/SH/A/2014/001704 mentioned in paragraph 7 above. He further submitted that the cards in response to the applications made through the Respondent Bank are not provided to the applicants through the Respondent Bank, but directly by IFLIC. He stated that he made an erroneous submission last time because the exact procedure for issuance of the cards in question is known to the officials in the department that deals with the matter. At this point, speaking on behalf of the third party, IFLIC, Advocate Sandeep Grover stated that the cards are issued by IFLIC and in the agreement between the Respondent Bank and IFLIC, there are some confidentiality clauses.
10. In view of the different positions regarding issuance of the cards in question, stated by the representative of the Respondents during the hearings on 11.1.2016 and 17.3.2016 and by virtue of the power vested in us under Rule 11 (i) of the Right to Information Rules, 2012, we direct the CPIO to file a sworn affidavit to the Commission, spelling out in detail the role played by the Respondent Bank in the issuance of the cards in question as the corporate agent of IFLIC, listing such information as is available with the Respondents in respect of the cards issued in response to the applications filed through them to IFLIC. The CPIO is also directed to file his written submissions on the following to the Commission:
(a) Why such information, as is available with the Respondents, cannot be provided to the Appellant in response to his RTI application?
(b) The type of information that the Respondents can access from IFLIC in terms of their agreement with them as a shareholder, together with the text of the clause(s) of the agreement, as per which such information can be accessed.
CIC/SH/A/2014/001704
(c) Whether the Respondents receive any commission from IFLIC in respect of issuance of cards in response to the applications routed through them.
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11. The matter is adjourned to be heard again on 27 May 2016 at 2.00 p.m. at Room No. 305, 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110066. The CPIO of the Respondent Bank is directed to be present in person during the next hearing along with officer(s) of the bank, who are well versed with the procedure of issuance of IFLIC cards in response to applications submitted through the Respondent Bank. The affidavit / written submissions of the CPIO, as per the preceding paragraph, should reach the Commission latest by 16.5.2016.
12. Copies of this order be given free of cost to the parties.
Sd/ (Sharat Sabharwal) Information Commissioner Copy to: M/s India First Life Insurance Corporation Ltd.
C/o Ajit Warrier / Sandeep Grover / Tarunima Vijra), Shardul Amarchand Mangaldas & Co.
Amarchand Towers, 216, Okhla Industrial Estate, PhaseIII, New Delhi 110020 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) CIC/SH/A/2014/001704 Deputy Registrar CIC/SH/A/2014/001704