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Punjab And Sind Bank vs Jarnail Singh on 27 January, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~50
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                  W.P.(C) 1001/2023 and CM APPL. 3895/2023
                                PUNJAB AND SIND BANK                    ..... Petitioner
                                              Through: Mr. Brijesh Kumar, Mr. Vinay Singh
                                                       Bist and Mr. Yashu Rustagi,
                                                       Advocates. (M:9891125411)
                                              versus

                                JARNAIL SINGH                                      ..... Respondent
                                               Through: None.
                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                         ORDER

% 27.01.2023

1. This hearing has been done through hybrid mode.

2. The present petition challenges the impugned order dated 18th October, 2022 passed by the Central Information Commission (CIC) directing the disclosure of circulars dated 18th December, 2008 and 20th December, 2008, which was sought by the RTI Applicant. In addition, the CIC has also directed the Bank to put all such circulars on the public domain within 4 weeks.

3. The matter arises out of an RTI application filed on 26th September, 2019 by which the RTI Applicant had sought the following information.

"Provide the following information regarding K.C.C. Account No.59 and other Account No.203 of the applicant Jarnail Singh son of Labh Singh in your Branch:-

1. Provide the copy of Punjab & Sind Bank C.D. Circular No.1611 dated 18.12.2008 and 1612 dated 20.12.2008 regarding K.C.C. Term Loan"

4. The said information was rejected by the CPIO by simply relying on Section 8(1) of the Right to Information Act, 2005 without giving any specific reference to the clause under which the exemption is being sought.

"For providing the certified copy of the circular issued by the Bank bearing Punjab and Sind Bank C.D. Circular No. 1611 dated 18.12.2008 and 1612 dated 20.12.2008:- It is replied in this regard that the Bank does not make its circular public. Hence, the information sought under Section 8(1) of Right to Information Act cannot be provided to you."

5. The RTI Applicant approached the First Appellate Authority under Section 19(1) of the Act, which then directed vide order dated 27th December, 2019 that the CPIO's reply was satisfactory.

6. In second appeal, the CIC has observed in its order dated 18th October, 2022, as under:

"6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the respondent had denied the information i.e. the circulars dated 18.12.2008 and 20.12.2008 by claiming exemption under Section 8 (1) of the RTI Act, without giving any reasons. Moreover, the Respondent did not illustrate under which clause of the sub section (1) of Section 8 the exemption was claimed. It may not be out of place to mention that all the circulars and guidelines though aimed at providing discretion to the Branch Managers or the Officers of the Bank, they had obligations and duties towards the customers. All such circulars, guidelines, notifications confer obligations or rights upon the citizens/customers, hence, the same had to be made public. This has also been Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:31.01.2023 10:57:40 highlighted in the landmark decision of the Supreme Court in Harla vs. State of Rajasthan [AIR 1951 SC 467]. The mandate of Section 4(1)

(b) of the RTI Act is for making suo motu disclosure. In view of the above, the respondent is directed to not only provide the copies of the circulars to the appellant, but also to put all such circulars in public domain within four weeks from the date of receipt of this order. With these observations and directions, the appeal is allowed."

7. Ld. Counsel for the Petitioner submits that disclosure of these circulars, as per the CIC's order, would affect the commercial interest of the Bank as these are internal documents for the reference of the officials, who deal with loan accounts. He further submits that apart from the documents, which were sought, the CIC has directed the disclosure of all such circulars in the public domain. It is his assertion that this is beyond the scope of the RTI application itself.

8. Heard, ld. Counsel for the Petitioner.

9. The CPIO's order and the order of the First Appellate Authority are completely devoid of any reasons whatsoever. On a query being put to ld. Counsel for the Petitioner as to which exemption under Section 8(1) of the RTI Act is being relied upon, the answer is that these circulars form part of trade secrets and would affect the competitive position of the Bank.

10. Prima facie, this Court does not agree with the ld. Counsel for the Petitioner, inasmuch as these are circulars which are issued by public sector bank like Punjab & Sind Bank. These provide for various relief measures, which can be provided to the customers for restructuring of different kinds of loans including agriculture loans and other advances.

11. Whenever a customer, taking a loan, wishes to approach the Bank with a proposal, the customer ought to be made aware of these circulars so as to ensure that the officials of the Bank do not apply these circulars in an arbitrary manner. The circulars ought to be in public domain, inasmuch as these would help the customers to understand the mode and manner, in which, loans and advances are dealt with by the Bank.

12. However, insofar as the CIC's order directing all such circulars to be put in public domain are concerned, such a direction would be beyond the RTI application and would also be ambiguous as such circulars are not defined. Accordingly, as an interim order, this Court directs that the circulars dated 18th December, 2008 and 20th December, 2008 shall be put in public domain on the website of Punjab & Sind Bank. The remaining directions of the impugned order shall remain stayed till the next date of hearing.

13. Issue notice.

14. List before the Registrar on 28th April, 2023.

15. List before the Court on 16th August, 2023.

PRATHIBA M. SINGH, J.

JANUARY 27, 2023/dk/am Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:31.01.2023 10:57:40