CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2010/000504
Dated, the 23 November, 2010.
rd
Appellant : Shri C.L. Kapoor
Respondent : State Bank of India, Mumbai
s
This matter came up for hearing on 08.10.2010 pursuant to
Commission’s notice dated 17.09.2010. Appellant was present in person,
while the respondents were represented by Shri Suresh Chandra, DGM
(R) & CPIO and Shri A.T. Thorat, AGM (Law).
2. The query appellant has made in his RTIapplication dated
02.12.2009 relates to a pension scheme introduced by the erstwhile
Imperial Bank of India in the year 1927. The request is for supply of all
such reports viability reports obtained from actuary and pension
valuation reports obtained by the Imperial Bank and the State Bank of
India. Appellant wants the respondents to inform him the Dearness Relief
debited to the Imperial Bank of India Pension Fund, the balance in the
Imperial Bank’s Pension Fund for the years 2004 to 2009.
3. On the basis of the advice the respondents received from the
Bank’s Consulting Actuary, they declined to divulge the record of actuary
reports citing Section 11(1) of the RTI Act.
4. Information relating to yearwise Dearness Relief debits to the
Imperial Bank of India Pension and Guarantee Fund as also the balance
in that Fund was obtained from the Central Accounts Office, Kolkata and
provided to the appellant.
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5. Appellate Authority noted that the actuary reports were not supplied
as the thirdparty, viz. M/s.K.A. Pandit Consultants and Actuaries,
advised against disclosure of the reports claiming that these were meant
for the internal consumption of the Bank and not to be shared with others.
6. Appellate Authority, therefore, upheld the decision of the CPIO.
7. Appellant, in his secondappeal, has demanded that the actuary
reports/valuation reports should be supplied to him and the parts of the
information already supplied should be completed.
8. The appellant has been filing a series of petitions under the RTI Act
for these information. The issues appellant has been raising relate to
senior citizens. Their concerns about the Pension Fund do not seem to
have been fully addressed as yet. I would advise the State Bank of India
authorities to call over these pensioners and to resolve their grievances
as soon as possible.
9. Coming back to the appeal, it is my view that, regardless of the
objection by the thirdparty, the record of the actuary reports should be
divulged to the petitioner. This is not barred by any of the exemption
Sections and considering that a large number of pensioners’ interest is in
question, there is public interest in the disclosure of these reports. Time
three weeks.
10. Appellant has also mentioned that the information divulged through
CPIO’s reply dated 20.01.2010 had certain gaps. He specially mentioned
pensionrelated details for the years 1995 to 1999, which according to
him, did not find mention in the tabular statements furnished to him by the
CPIO.
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11. On consideration of all submissions in this matter, it is directed that
these reports as well as all documents relating to these reports, may be
provided to the appellant within three weeks.
12. Should the appellant wish to inspect the records held in regard to
his RTIqueries, he may do so by making an application to the CPIO
within three weeks. On receipt of such a request from the appellant, in
the following three weeks, CPIO will arrange to allow the appellant on a
day and time to be intimated to him in advance, to inspect the records
and documents held in relation to his RTIqueries. Appellant shall be
allowed to take copies of the documents he might select. Should he wish
to have certified copies, CPIO shall take action under Sections 74 and 76
of the Indian Evidence Act.
13. Appeal disposed of with these directions.
14. Copy of this direction be sent to the parties.
( A.N. TIWARI )
CHIEF INFORMATION COMMISSIONER
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