Central Information Commission
Ashok Kumar Jain vs State Bank Of India on 23 December, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/SBIND/A/2023/649296
Ashok Kumar Jain ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: State Bank of India
Kolkata ... ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 19.06.2023 FA : 02.08.2023 SA : 19.10.2023
CPIO : 11.07.2023 FAO : 17.08.2023 Hearing : 17.12.2024
Date of Decision: 23.12.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 19.06.2023 seeking information on the following points:
"Please provide certified copy of the agreement that has been entered into between Damodar Valley Corporation (DVC) and State Bank of India (SBI) for migration of payment of pension to pensioners of DVC through the CPPC of SBI"
2. The CPIO replied vide letter dated 11.07.2023 and the same is reproduced as under :-
Page 1 of 4"In terms of Section 8(1)(d)&(e) of RTI Act, 2005, Notwithstanding anything contained in this act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information & information available to a person in his fiduciary relationship. unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information. The information sought is by a 3rd party and as such may not be disclosed to the applicant."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.08.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 17.08.2023 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 19.10.2023.
5. The appellant remained absent and on behalf of the respondent Shri Rahul Mandal, CPIO, attended the hearing through video conference.
6. The respondent while defending their case inter alia relied upon their latest written submissions dated 17.12.2024, and stated that no tender was invited in this case and relevant extracts of their submissions are reproduced as under:
"4. The CPIO humbly states that appellant in his RTI application sought copy of an agreement executed between DVC and SBI. SBI as a bank enters into various agreements with various organisations for providing different banking services oi various terms which is a-commercial activity that has to be undertaken in a competitive business environment among peer banks so that bank may be able to generate optimum revenue in the business environment vis-a-vis peer banks with the ultimate view to stay competitive among rivals. Similarly, the agreement copy Page 2 of 4 of which has been sought in the RTI application is an agreement executed in the matter of disbursement of pension to various pensioners of bank.
5.The said agreement contains information on how and in what manner the pension accounts are to be handled by the Branch and processing center, role of such branches and centers with regard to administration of the affairs of the pension accounts, frow to preserve the integrity of information transmitted in the matter of disbursement of pension, the role of DVC i.e. the third party, in facilitating the process- of payment and disbursement of pension, duties of various levels of functionaries/Branches while discharging obligations under the agreement. The terms of the agreement thus contain the processes, methods and systems that are internal and unique to Bank the disclosure of which in a competitive banking business environment affects the business interest of bank adversely when examined in the light of similar banking peers also engaged in competing banking business out to provide similar services. Further, disclosure of the consideration amount for the agreement in a competitive banking business environment also affects the edge that SBI has devised to continue its commercial activities vis-a-vis its peers in order to stay ahead of the competition. As such although the act of payment of pension may be- public function yet how and in what-manner the same is processed and paid efficiently on the basis of agreement and its uniquely designed terms executed between SBI and various organizations is a purely commercial activity devised through unique internal processes specific to stay ahead of competition that attracts the exemption or commercial confidence and as such does not merit a disclosure on the ground of commercial confidence under Section 8(1)(d) and sec 8(1)(e) of the RTI Act. Further, the involvement of interest of third party in the agreement also merits an exemption on the above grounds."
7. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application, as per the provisions of the RTI Act. Further, in Page 3 of 4 the absence of the Appellant to plead his case or contest the CPIO's submissions, the Commission finds no scope of intervention in the matter. Accordingly, the appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 23.12.2024 Authenticated true copy Bijendra Kumar (िबज कुमार) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO State Bank of India, CPPC Kolkata (04473), 7th & 8th Floor, C & D Block, Samriddhi Bhawan, 1, Strand Road, Kolkata, West Bengal - 700001
2. Ashok Kumar Jain Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)