File Nos. CIC/SH/A/2014/00641, 000986, 001295, 001814, 001864, 002387, 002747, 002861, 003142, 003170 and 003182. Case: A.R. Shah Vs Central Public Information Officer, United Bank of India and Ors.. Central Information Commission

Case NumberFile Nos. CIC/SH/A/2014/00641, 000986, 001295, 001814, 001864, 002387, 002747, 002861, 003142, 003170 and 003182
CounselFor Appellant: Party-in-Person and For Respondents: M.K. Zama, AGM
JudgesSharat Sabharwal, Information Commissioner
IssueRight To Information Act, 2005 - Sections 10, 2(f), 4(1)(b)(xiii), 7, 8, 8(1)(d), 8(1)(e)
Judgement DateJune 01, 2015
CourtCentral Information Commission

Court Information Central Information Commission Cases
Judgment Date 01-Jun-2015
Party Details A.R. Shah Vs Central Public Information Officer, United Bank of India and Ors.
Case No File Nos. CIC/SH/A/2014/00641, 000986, 001295, 001814, 001864, 002387, 002747, 002861, 003142, 003170 and 003182
Judges Sharat Sabharwal, Information Commissioner
Advocates For Appellant: Party-in-Person and For Respondents: M.K. Zama, AGM
Acts Right To Information Act, 2005 - Sections 10, 2(f), 4(1)(b)(xiii), 7, 8, 8(1)(d), 8(1)(e)

Decision:

Sharat Sabharwal, Information Commissioner

1. These files contain ten appeals and one complaint regarding the RTI applications dated 1.1.2014, 20.2.2014, 13.5.2014, 27.6.2014, 15.7.2014, 13.8.2014, 11.8.2014, 17.9.2014 and 15.9.2014 filed by the Appellant/Complainant, seeking information on various issues. Not satisfied with the response of the Respondents, he has approached the CIC in appeal/complaint in all the cases.

2. No one was present on behalf of the Respondents from their Ahmedabad office in spite of a written notice having been sent to them. Therefore, the cases concerning them were heard ex-parte.

3. In his RTI application dated 1.1.2014 (file Nos. CIC/SH/A/2014/000986 and CIC/SH/A/2014/001814), the Appellant sought certified photocopy of "Bank's document" containing existing guidelines on opening and functioning of extension counter of the bank. The Appellant submitted that instead of providing this information, the Respondents drew his attention to a circular of the RBI which, he maintained, was not relevant to his query. The Respondents submitted that the Appellant has already been informed about the RBI guidelines governing the issue and that they have no such guidelines of their own. The Appellant questioned the above reply of the Respondents and stated that he has no reason to believe that such guidelines do not exist in the Respondent Bank. However, we take note of the categorical reply of the Respondents that they have no such guidelines of their own (i.e. of the Respondent bank). The CPIO is directed to convey this in writing to the Appellant, within seven days of the receipt of this order, under intimation to the Commission.

4. The RTI application dated 20.2.2014 (file No. CIC/SH/A/2014/001295) sought information on five points regarding the bank's policy decision not to open new extension counter and related issues. The Appellant stated that information in response to point No. 5 has been denied by the Respondents under Section 8(1)(d) of the R.T.I. Act. It is seen that at this point, the Appellant sought certified photocopy of the Bank's letter permitting opening of extension counter, in the premises of Ahmedabad Urban Development Authority, of the Ashram Road branch, Ahmedabad. The Respondents stated that this letter would contain information of their dealings of a commercial nature with their customer and, therefore, its copy was denied under Section 8(1)(d).

5. We have considered the records and the submissions made by both the parties before us and note that the Appellant seeks a copy of the letter regarding opening of the extension counter mentioned by him. Such information cannot be denied to him, with the exception of information in the nature of commercial confidence, such as the considerations leading to the opening of the extension counter or information regarding the commercial dealings of the bank with a customer by way of the special facilities extended by the bank to a particular customer. In view of the foregoing, we direct the CPIO to provide to the Appellant a copy of the above mentioned letter after severing information of commercial confidence, if any, contained therein, under Section 10 of the R.T.I. Act. The CPIO should complete action on our above directive within twenty days of the receipt of this order, under intimation to the Commission.

6. In the RTI application dated 13.5.2014 (file No. CIC/SH/A/2014/001864), the...

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