Central Information Commission
Mr.S Mohan vs Cbdt on 22 August, 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: 22.08.2013
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 Authenticated true copy forwarded to:
The ITO & CPIO O/o the Commissioner of Income Tax - 3, 667A, Aayakar Bhawan, M K Road Mumbai -20.
The First Appellate Authority O/o the Chief Commissioner of Income Tax-3 Room no. 380, 3rd Floor, Aayakar Bhavan M K Road, Mumbai -400020.
Shri S Mohan Plot No.25, Vinayaka Street Aavin Nagar, Madurai -625 020.
(Raghubir Singh) Deputy Registrar .08.2013 2