Javed Ahmad Siddiqui vs Small Industries Development Bank Of ... on 26 December, 2022

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Central Information Commission

Javed Ahmad Siddiqui vs Small Industries Development Bank Of ... on 26 December, 2022

1. The issue under consideration arising out of the second appeal dated 18.02.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 03.09.2020 and first appeal dated 29.10.2020:-

Information regarding NPA A/c of Shikha Developers Limited pertaining to the then Okhla Branch Office (now merged with New Delhi Branch Office)

(i) Certified copy of term loan application of Rs. 35 crore and sub debt of Rs. 3 crore filed by the borrower with the then Okhla Branch Office.

(ii) Certified copy of AMM printout indicating also the inward date of the above term loan application and date on which application was received in Central Loan Processing Cell, New Delhi Regional Office.

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(iii) Certified copy of letter of M/s Shikha Developers Limited offering the collateral properties including property at 5 flats in Saraswati Block, Vaishali, Ghaziabad, U.P. indicating also the date on which 5 flats in Saraswati Block were offered as collateral security to the then Okhla Branch Office.

(iv) Certified copy of pre-sanction title investigation report of collateral property including property at 5 flats in Saraswati Block, Vaishali, Ghaziabad, U.P. submitted by Shri Yogesh Pachauri, Advocate in August 2013 etc. through 15 points.

(v) Certified copies of four visit report(s) along-with the attached photographs submitted with each report by the then Officers of Okhla Branch Office for visits undertaken to the entire collateral property including the property of 5 flats in Saraswati Block, Vaishali, Ghaziabad, U.P. The four visit reports are those dated (a) December 19, 2013, (b) March 8, 2014, (c) May 18, 2015 and (d) September 18, 2015.

(vi) Certified copy of Declaration and Undertaking executed for mortgage of collateral property in Vaishali, Ghaziabad, U.P. dated August 29, 2013,

(vii) Certified copy of Undertaking for rectification of details of property in Declaration and Undertaking executed on August 31, 2013,

(viii) Certified copy of Pre-sanction valuation report of collateral property including the property at 5 flats in Saraswati Block, Vaishali, Ghaziabad, U.P. which was sanctioned in August, 2013,

(ix) Certified copy of minutes of CCC-CGM Committee approving the collateral security of property including the property of 5 flats in Saraswati Block, Vaishali, Ghaziabad, U.P. which was sanctioned in August, 2013

(x) Certified copy of office note of the then Okhla Branch Office/ Central Loan Processing Cell, New Delhi Regional Office recommending the collateral property including the property of 5 flats in Saraswati Block, Vaishali, Ghaziabad, U.P. for approval/ modification approval by CCC-

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CGM/ Head of CC Committee in August, 2013,

(xi) Certified copy of letter of Intent No. SIDBI/OKBO/2602 dated August 27, 2013 conveying sanction of term loan of Rs.35 crore and sub-debt of Rs.3 crore, -LOI of Rs.35 crore provided by CPIO of SIDBI. The LOI for sub-debt is remaining, so this may be provided,

(xii) Certified copy of all Fact Finding Team reports conveying the reasons for NPA in A/c of Shikha Developers Limited, particularly certified extracts where reference has been made to my name (i.e. Javed Ahmad Siddiqui),

(xiii) Certified copy of forensic audit report in case of A/c of Shikha Developers Limited, particularly where reference has been made to my name (i.e. Javed Ahmad Siddiqui) and

(xiv) Certified copy of all papers sent by SIDBI to CVC while taking first stage advice in case ofA/c of Shikha Developers Limited particularly certified extracts where reference has been made to my name (i.e. Javed Ahmad Siddiqui).

(xv) Other details which had been sought through RTI application but not provided by CPIO/FAA

(a) If any of the documents sought above is non-existent, the same may be conveyed to him as such.

(b) After receipt of all the information sought under this application as above, the appellant also intend to carry out an actual inspection of records and obtain certified copies of records also identified by him during the inspection. He may be permitted such inspection.

2. Succinctly facts of the case are that the appellant filed an application dated 03.09.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Small Industries Development Bank of India, Lucknow, seeking aforesaid information. The CPIO vide letter dated 30.09.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 29.10.2020. The First Appellate Authority (FAA) vide order dated 25.11.2020 disposed of the first appeal.

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Aggrieved by that, the appellant filed second appeal dated 18.02.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 18.02.2021 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.

4. The CPIO replied vide letter dated 30.09.2020 and the same is reproduced as under:-

(i) "The information pertains to commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and larger public interest does not warrant the disclosure of such information. Further, the requested information is held by the public authority i.e. SIDBI in fiduciary capacity and larger public interest does not warrant disclosure of the same. Therefore, the requested information is exempted under Section 8 (1) (d) & (e) of RTI Act, 2005.

(ii) The information pertains to commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and larger public interest does not warrant the disclosure of such information. Hence the information is exempted under Section 8 (1) (d) of RTI Act.

(iii) The information pertains to commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and larger public interest does not warrant the disclosure of such information. Further, the requested information is held by the public authority i.e. SIDBI in fiduciary capacity and larger public interest does not warrant disclosure of the same. Therefore, the requested information is exempted under Section 8 (1) (d) & (e) of RTI Act, 2005.

(iv) The information pertains to commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a Page 4 of 8 third party and larger public interest does not warrant the disclosure of such information. Hence, the information is exempted under Section 8 (1) (d) of RTI Act.

(v) The information pertains to commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and larger public interest does not warrant the disclosure of such information. Hence, the information is exempted under Section 8 (1) (d) of RTI Act.

(vi) The information pertains to commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and larger public interest does not warrant the disclosure of such information. Hence, the information is exempted under Section 8 (1) (d) of RTI Act.

(vii) The information pertains to commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and larger public interest does not warrant the disclosure of such information. Hence, the information is exempted under Section 8 (1) (d) of RTI Act.

(viii) The information pertains to commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and larger public interest does not warrant the disclosure of such information. Hence, the information is exempted under Section 8 (1) (d) of RTI Act.

(ix) The information pertains to commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a third party and larger public interest does not warrant the disclosure of such information. Hence, the information is exempted under Section 8 (1) (d) of RTI Act.

(x) The information pertains to commercial confidence, trade secret or intellectual property, the disclosure of which would harm the competitive position of a Page 5 of 8 third party and larger public interest does not warrant the disclosure of such information. Hence, the information is exempted under Section 8 (1) (d) of RTI Act.

(xi) The copy of the document has provided.

(xii) The copy of the document has provided.

(xiii) The information would impede the process of investigation or apprehension or prosecution of offenders. Hence the information is exempted under Section 8 (1) (h) of RTI Act.

(xiv) The information would impede the process of investigation or apprehension or prosecution of offenders. Hence the information is exempted under Section 8 (1) (h) of RTI Act.

(xv) The information would impede the process of investigation or apprehension or prosecution of offenders. Hence the information is exempted under Section 8 (1) (h) of RTI Act.

(a) N.A.

(b) The information seeker is informed that the requested information in respect of NPA account of Shikha Developers Limited are held by SIDBI in fiduciary capacity and larger public interest does not warrant the disclosure of such information. Therefore, the requested information in respect of other NPA account of Shikha Developers Limited is exempted under Section 8 (1)

(e) of the RTI Act.

However, in view of information seeker's request, the records sought at serial numbers 11 & 12 may be allowed to be inspected at SARB, New Delhi. The SARB, New Delhi is advised to allow inspection of the records as sought at serial number 11 & 12 only to the applicant on mutually decided date and time. Applicant is advised to give suitable prior notice to SARB, New Delhi Office for inspection of records sought at serial numbers 11 & 12 of the RTI application. The SARB, New Delhi, Office is also advised to charge fee for inspection of records @ Rs. 5/- for each fifteen minutes or fraction thereof beyond the first one hour which is free, and Rs. 2/- per page Page 6 of 8 for taking photocopy. Copy of this order be sent to SARB, New Delhi Office of SIDBI also. The applicant is advised to get in touch with SARB, New Delhi Office of SIDBI for the date and time for inspection. The inspection is allowed subject to provisions of the RTI Act, 2005 and payment of prescribed fee there under."

The FAA vide order dated 25.11.2020 upheld the reply of the CPIO.

5. The appellant remained absent and on behalf of the respondent Shri Sanjay Jain, CPIO, SIDBI, Mumbai attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that information sought by the appellant pertained to third party i.e. Shikha Developers Limited, held by the bank in fiduciary capacity and disclosure of which had no relationship to any public activity or interest. They further submitted that information sought also pertained to commercial confidence, trade secret or intellectual property, the disclosure of which would have harmed the competitive position of a third party. Accordingly, exemption was claimed under Section 8 (1) (d) & (e) of RTI Act. As regard to point nos. (xiii) to

(xv) of the RTI application, they claimed exemption under section 8 (1) (h) of the RTI Act. Besides, they stated that investigation in the matter for staff accountability was over and concerned employee was exonerated.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that departmental enquiry was held against the appellant in respect of the NPA A/c of Shikha Developers Limited. The appellant in his second appeal 18.02.2021 contended that the information sought was required by him to rebut the alleged charges levelled against him. He had also submitted that denial of the aforesaid information amounted to denial of providing him a fair opportunity to defend himself which should have been granted as per the principles of natural justice. Perusal of the record revealed that the appellant was dealt with departmentally in connections with the accounts of M/s Shikha Developers Limited and thus he was not a stranger to the information sought. Accordingly, exemptions claimed Page 7 of 8 by the respondent were not sustainable in the eyes of law. Moreover, the respondent during the course of hearing submitted that departmental enquiry against the appellant was over. Therefore, the exemption under section 8 (1) (h) of the RTI Act was also not applicable. In view of the above, the respondent is directed to revisit the RTI application and provide the revised point-wise information/reply to the appellant, within four weeks from the date of receipt of this order. With the above observations and directions, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 23.12.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

The CPIO : Small Industries Development Bank of India, Head Office, SIDBI Tower, 15, Ashok Marg, Lucknow-226001 The CPIO:

Small Industries Development Bank of India, Swavalamban Bhavan, Plot No. C-11, 'G' Block, Bandra Kurla Complex, Bandra East, Mumbai - 400051 The First Appellant Authority Small Industries Development Bank of India, Head Office, SIDBI Tower, 15, Ashok Marg, Lucknow-226001 Shri Javed Ahmad Siddiqui Page 8 of 8

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