Shri Vilas Moreshwar Joshi vs Idbi Bank Ltd. on 31 October, 2022

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Central Information Commission

Shri Vilas Moreshwar Joshi vs Idbi Bank Ltd. on 31 October, 2022

1. The issue under consideration arising out of the second appeal dated 29.12.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 27.11.2020 and first appeal dated 06.12.2020:-

(i) INFORMATION ABOUT PENSIONERS ( RETIREES) A) Average age of pensioners of the bank as on 31/03/2020 B) No. of pensioners as on 31/03/2020 C) Average pension (after commutation) D) Average age of family pensioners as on 31/03/2020 E) No. of family pensioners as on 31/03/2020 F) Average family pension Page 1 of 5 G) Life expectancy considered for actuarial purposes while calculating pension burden.

(ii) INFORMATION ABOUT PENSION OPTEES IN SERVICE A) Average age of pension optees in service as on 31/03/2020 B) No. of pension optees in service as on 31/03/2020 C) Average basic pay including FPP & PQP qualifying for pension as on 31/03/2020 D) Expected % increase in "c" above.

(iii) INFORMATION REGARDING PENSION FUND A) Balance of pension fund as on 31/03/2019 B) Contribution to pension fund during 01/04/2019 to 31/03/2020 C) Income of the pension fund from investments held during 01/04/2019 to 31/03/2020 D) Total pension pay out (including family pension) during 01/04/2019 to 31/03/2020

2. Succinctly facts of the case are that the appellant filed an application dated 05.11.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), IDBI Bank Limited, Mumbai, seeking aforesaid information. The CPIO vide letter dated 27.11.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 06.12.2020. The First Appellate Authority (FAA) vide order dated 15.12.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 29.12.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 29.12.2020 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

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4. The CPIO replied vide letter dated 27.11.2020 and the same is reproduced as under :-

Reply to Query I : It is stated that the information/document sought by you with regard to the details of Pensioners (Retirees) is held by the Bank in its fiduciary capacity and disclosure of said information is exempted under Section 8(1)(e) of the Right to Information Act, 2005.

Reply to Query II: It is stated that the information/document sought by you with regard to the details of Pension Optees in service is held by the Bank in its fiduciary capacity and disclosure of said information is exempted under section 8(1)(e) of the Right to Information Act,2005.

Reply to Query III: It is stated that the information/document sought by you with regard to the details of pension Fund is held by the Bank in its fiduciary capacity and disclosure of said information is exempted under Section 8 (1)(e) of the Right to Information Act, 2005.

The FAA vide order dated 15.12.2020 agreed with the reply given by the CPIO.

5. The appellant and on behalf of the respondent Shri Rahul Kulkarni, ACPIO and Deputy General Manager(Admin), IDBI Bank Limited, Mumbai, attended the hearing through video conference.

5.1. The appellant inter alia submitted that the respondent bank gives pension to its employee from the pension fund created for this purpose. He wanted to know the fund position of pension fund and its utilization every year. He further submitted that he sought general information relating to pension and not personal information of any pensioner therefore exemption claimed by the respondent was not applicable in this case. Besides, he stated that he sought similar information from the other banks which had provided point-wise information to him.

5.2. The respondent while defending their case inter alia submitted that the appellant sought information pertained to pensioners, family pensioners, pension optee in service & staff pension fund of IDBI Bank Ltd as on 31.03.2020. They further submitted that the Page 3 of 5 said information was being commercial confidence and held by the bank in its fiduciary capacity (employer-employee), and also the disclosure of information/document, pertaining to third party which was personal in nature. Accordingly, exemption was claimed under section 8 (1) (d), (e) & (j) of the Act.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the respondent had perfunctorily denied the information and claimed exemption under section 8 (1) (d), (e) & (j) of the Act. It may not be out of place to mention that the information sought on some points i.e. average age of pensioners of the bank as on 31.03.2020, average pension (after commutation) and average age of family pensioners as on 31.03.2020 etc. were not maintained by the bank in normal course of business therefore it may not be appropriate to direct the respondent to compile such information. Besides, information sought about number of pensioners as on 31.03.2020, number of family pensioners, number of pension optees in service, balance of pension fund as on 31.03.2019 etc., were general information and disclosure of which would neither harm the privacy of any individual nor it would affect the commercial confidence of the bank. Accordingly, exemption claimed by the respondent was not sustainable in the eyes of law. Therefore, the respondent is directed to revisit the RTI application and provide the revised point-wise information/reply to the appellant, within three weeks from the date of receipt of this order. With the above observation and directions, the appeal is disposed of.

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

Sd/-

                                                                               सुरेश चं ा)
                                                            (Suresh Chandra) (सु        ा
                                                                            सूचना आयु )
                                                 Information Commissioner (सू
                                                                  दनांक/Date: 27.10.2022
Authenticated true copy

R. Sitarama Murthy (आर. सीताराम मूत )
Dy. Registrar (उप पंजीयक)
011-26181927(०११-२६१८१९२७)


                                                                                 Page 4 of 5
 Addresses of the parties:
The CPIO
IDBI Bank Limited, IDBI
Tower, Cuffe Parade, WTC
Complex, Mumbai - 400 005

First Appellate Authority,
IDBI Bank Limited, IDBI
Tower, Cuffe Parade, WTC
Complex, Mumbai - 400 005

Shri Vilas Moreshwar Joshi,




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