Vijaya Lakshmi R Deshpande vs State Bank Of India on 30 May, 2019

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Central Information Commission

Vijaya Lakshmi R Deshpande vs State Bank Of India on 30 May, 2019

1. The issues under consideration arising out of second appeal dated 04.03.2017 include non-receipt of the following information raised by the appellant through his RTI application dated 16.06.2016 and first appeal dated 19.07.2016:

(i) Whether Dr. R.J. Deshpandey was a guarantor for any loan availed by Mrs. Vijayalakshmi Satish Deshpandey individually or jointly with any other person to start quarrying business under the name Akshay Stone metal works? If yes, please give written confirmation.

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(ii) Whether any property of Dr. R.J. Deshpandey was pledged for the purpose of loan to Mrs. Vijayalakshmi Satish Deshpandey or any other person to start Akshay Stone Metal works? If yes, please give written confirmation.

(iii) In case any property of Dr. R.J. Deshpandey was pledged for loan availed by Mrs. Mrs. Vijayalakshmi Satish Deshpandey or any other person to start Akshay Stone Metal works please give details of the loan.

2. Succinctly facts of the case are that the appellant filed an application dated 16.06.2016 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, Hangal seeking aforesaid information. The CPIO replied on 15.07.2016. Dissatisfied with the response of the CPIO, the appellant has filed first appeal dated 19.07.2016. The First Appellate Authority disposed of the first appeal vide order dated 03.09.2016. Aggrieved by this, the appellant has filed a second appeal dated 04.03.2017 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 04.03.2017 inter alia on the grounds that the reply given by the CPIO is unsatisfactory. The appellant requested the Commission to direct the CPIO to provide the information immediately.

4. The CPIO vide letter dated 15.07.2016 denied the information stating that information sought is third party information and held by the bank in fiduciary capacity, hence cannot be provided under clauses (e) & (j) of sub section (1) of section 8 of the RTI Act. The FAA vide his order dated 03.09.2016 has agreed with the views taken by the CPIO.

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5. The appellant along with his representative and on behalf of the respondent, Mr. Murlidhar Kedlaya, AGM and Mr. Rajeev Kumar Mittal, AGM, State Bank of India, Bellary attended the hearing through video conferencing.

5.1. The appellant submitted that information sought by her is not third party information as she is only seeking information with regard to guarantee given by her late husband (Dr. R.J. Deshpandey) and related issues. She added that she is not seeking any financial details of any other person, therefore, question of fiduciary interest does not arise in this matter.

5.2. The respondent submitted that information sought by the appellant is third party information and the same is held by the bank in fiduciary capacity, hence the information is exempted under section 8 (1) (e) & (j) of the RTI Act.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, feels that the reply given by the CPIO is evasive. It is noted that the appellant has interest in the guarantee given by her late husband Dr. R.J. Deshpandey and she has every right to get this information under the RTI Act. The Commission notes that the denial of aforesaid information by the CPIO was misleading and this will undermine the very purpose of the RTI Act. Hence, the Commission directs the respondent to provide complete point wise information to the appellant within 15 days from the date of receipt of this order. The Commission further directs the registry of this Bench to issue a Show Cause Notice to Mr./Ms. R. Seshadri the then CPIO, Regional Business Office, 1st Floor, SBI Buildings, Station Road, Bellary for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him for denial of information under RTI Act. All the submissions if any must reach to this Commission within 15 days Page 3 of 4 from the date of receipt of this order. The present CPIO, Regional Business Office, SBI, Bellary shall ensure that a copy of this order is served upon Mr./Ms. R. Seshadri the then CPIO, State Bank of India, Bellary.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/ Date:29.05.2019 Page 4 of 4

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