Central Information Commission
Mr.S Mohan vs Cbdt on 24 September, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi-110067
Tel: +91-11-26105682
File No.CIC/RM/A/2013/000091
Appellant: Shri S. Mohan, Madurai
Public Authority: ITO (Tech)-3 and CIT-3, Mumbai
Date of Hearing: 22.08.2013
Date of decision: 24.09.2013
Heard today, dated 22.08.2013 through video conferencing.
Appellant is present.
The Public Authority is represented by Shri LM Pant, CIT-3 Mumbai/AA and Ms Rajni
Vishwanathan, ITO Tech-3 Mumbai/CPIO.
FACTS
Vide RTI dt 5.9.12, appellant had sought information on 5 points relating to copy of amendments approved by the IT authorities to the Bank of Madura Pension Regulations 1995 and adopted by ICICI Bank for the period 1.1.01 to 31.12.04.
2. CPIO vide letter dt 24.9.12, observed that as the information related to third party, views of the ICICI Bank Ltd were sought and they had objected to the sharing of any information and hence the information sought was denied.
3. An appeal was filed on 8.10.12.
4. AA vide order dt 14.11.12, observed that the information held by the Department was in fiduciary capacity and upheld the decision of the CPIO in denying the information u/s 8(e) and Section 11 of the RTI Act.
5. Submissions made by the appellant and public authority were heard. AA submitted that in response to a query, the ICICI Bank had objected to sharing of information. Appellant submitted that he is a pensioner from the ICICI Bank and it is his right to be kept apprised of any amendments to the Pension Regulations which are brought about.
6. The Commission directs that fresh notices be issued to the appellant, CIT-3 Mumbai and Shri Rahul S.Sharma, Chief Manager, ICICI Bank Ltd, Trans Trade 1 Centre, Near Floral Deck Plaza, Andheri East, Mumbai-400093 with directions to the ICICI Bank to provide their written submissions to the Commission as to why information sought by the appellant is not to be disclosed. Written submissions of ICICI Bank should reach the Commission within three weeks from date of receipt of the order.
Sd/-
(Rajiv Mathur) Central Information Commissioner 23.09.2013 Appellant is present.
The Public Authority is represented by Shri LN Pant, CIT-3 Mumbai, FAA, Ms Rajni V.Nair, ITO Technical-3 Mumbai/CPIO, Shri Rahul Sharma, Chief Manager, ICICI Bank, Shri Rajesh Joshi, AGM(Legal) ICICI Bank.
6. Written submission dt 16.9.13 of ICICI Bank are received and taken on record.
7. The Bank authorities referred to CIC order in the case of Ekta Chaudhary, dt Aug 9, 2007 wherein it was held that the ICICI Bank, being a private bank, does not come under the purview of the RTI Act. The IT authorities submitted that as the information sought was third party information and the Bank had objected to any information being shared, they have denied the information.
DECISION
8. Information relating to any private body which can be accessed by a public authority under any other law for the time being in force, is an 'information' as per Section 2(f) of the RTI Act. Section 11 of the RTI Act prescribes the procedure to be followed by the CPIO, if he intends to disclose third party information and the submission of the third party shall be kept in view while taking a decision about disclosure of information. The said Section also stipulates as follows:
"Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance, any possible harm or injury to the interests of such third party."
9. The submission of the ICICI Bank that they are not governed by the RTI Act, does not have any merit in this case. CPIO/AA should have given consideration to Section 11 of the RTI Act.
10. The Commission observes that in the present case, the information sought by the appellant is of public importance, as it relates to amendments to the Bank of Madura Pension Regulations. We direct CPIO to provide the information sought to the appellant within three weeks of receipt of the order.
The appeal is disposed of.
2Sd/-
(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to:
The CPIO O/o the Commissioner of Income Tax-3, 667A, Aayakar Bhawan, M K Road Mumbai-20.
Shri Rahul S Sharma Chief Manager, ICICI Bank Ltd. Trans Trade Centre, Near, Floral Deck Plaza, Andheri East, Mumbai-400093.
The First Appellate Authority 3 O/o the Chief Commissioner of Income Tax, Room No.380, 3rd Floor, Aayakar Bhawan, M K Road,Mumbai-20.
Shri S. Mohan Plot No.25, Vinayaka Street Aavin Nagar, Madurai-625020.
(Raghubir Singh) Deputy Registrar .09.2013 4