Central Information Commission
Appeal No.CIC/PB/A/2008/00950-SM dated 15.04.2008
Right to Information Act-2005-Under Section (19)
Dated: 24 September 2009
Name of the Appellant : Shri R.P. Singh,
Asst. Manager (Legal),
Ashoka Alloys & Steels Limited,
Plot No. 9, Industrial Area, Phase I,
Chandigarh.
Name of the Public Authority : CPIO, Central Bank of India,
Central Office,
Chander Mukhi, Nariman Point,
Mumbai - 400 021.
The Appellant was not present.
On behalf of the Respondent, the following were present:-
(i) Shri John Britto, CPIO
(ii) Shri Sanjay
2. In this case, we had directed the Respondent on the last date of
hearing to explain the law position with regard to the propriety of the Bank
corresponding with one of its Directors regarding the settlement of the loan
account of one of its borrowers. During the hearing today, conducted
through videoconferencing, the Respondent, present in the Mumbai studio
of the NIC, reported that the General Manager of the Bank corresponding
with the particular Director, as in this case, was entirely in order and in
conformity with the provisions of the Scheme approved by the Central
Government. He further submitted that the said correspondence contained
the details about the Bank’s proposal for effecting recovery of its dues and
the suggested sums for arriving at a settlement. He argued that if this would
be disclosed to others, the financial interests of the Bank could be
compromised as the Bank’s strategy for effecting recovery through
negotiated settlement would come into the open. He pleaded that Section
8(1) (d) of the Right to Information (RTI) Act exempted this kind of
CIC/PB/A/2008/00950-SM
commercial confidence having a potential to adversely affect the
competitive position of the third-party, in this case, the Bank itself.
Besides, clearly there is no larger public interest involved in this disclosure.
3. The Appellant was not present in spite of notice. We are satisfied
with the explanation of the Respondent. The information sought is clearly
exempt from disclosure under the provision cited above. The appeal is,
thus, disposed off.
4. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges prescribed under the Act to the
CPIO of this Commission.
(Vijay Bhalla)
Assistant Registrar
CIC/PB/A/2008/00950-SM