CENTRAL INFORMATION COMMISSION
Appeal No.2773/ICPB/2008
F. No. PBA/2008/0413
August 22, 2008
In the matter of Right to Information Act, 2005 - Section 19
[Hearing on 12.8.2008 at 5.00 p.m.]
Appellant: Mr. K.S. Bedi, Mumbai
Public authority: State Bank of India
Parties Present: For Respondent:
Ms. Lakshmy C.S. Iyer, Dy. Manager (RTI)
For Appellant:
None.
DECISION
The appellant has sought information under RTI Act by his application
dated 16.11.2007 addressed to PIO, State Bank of India, Bandra Kurla Complex,
Mumbai requesting information pertaining to two pay-orders issued by their
Gateway of India branch, Mumbai. The CPIO furnished reply vide letter dated
19.12.2007 by which he informed the appellant as per the provisions of the RTI
Act, his application is rejected under section 8(1)(d) & (j) of the Act. The
appellant has preferred his appeal before the first AA and the AA has given his
decision on 4.1.2008 by which he had provided a speaking order stating that it is
the obligation of the Bank to protect the secrecy of the information as available to
the Bank out of the trust and confidence and it has to maintain the confidentiality
of the information relating to its account-holders and therefore he is not in a
position to provide this information and accordingly he dismissed the appeal.
This has resulted in filing of this appeal before the Commission which has been
received on 11.3.2008.
2. Comments were called for vide letter dated 2.6.2008, which has received
from CPIO on 14.7.2008. The appellant has also forwarded his rejoinder on the
date of the hearing on 9.8.2008. While submitting rejoinder he has also
requested for postponement of the hearing. However, since the time was very
short the case could not be postponed and the case was heard on 12.8.2008,
which the public authority had attended.
3. I have gone through the RTI application and other replies received in this
connection. The points raised by the appellant in his rejoinder were also
1
discussed during the hearing in order to clarify the matter. Both the CPIO and
AA have stated very clearly in their reply the appellant is requesting information
pertaining to two pay-orders and it has been stated in the reply he was neither
the sender nor the recipient of the pay orders and he is totally a stranger to these
pay orders with the result this is the third party information which cannot be
shared with the appellant. In the rejoinder, the appellant has made a point that
he has obtained his sale deed in which there is a mention of pay orders and
when he has obtained registered sale deed from the office of the Registrar which
makes mention of pay-orders and when this registered sale deed is given how
Bank can take a stand that pay-order information is a personal information and
cannot be given to outsiders. The Commission has been taking a consistent
view in respect of the Bank that Banks have to maintain confidentiality of its
account-holders and therefore this information cannot be given to third parties as
per the provisions of the Act. And this information is also retained by the Bank in
fiduciary capacity and therefore the Bank cannot disclose this information under
section 8(1)(d), (e) and (j) of the RTI Act. However, since he has obtained the
registered sale deed from the office of the Registrar and in case if the registered
sale deed is pertaining to him and if he is also the recipient of the pay orders, he
would definitely be entitled for this information. Therefore, I advise the appellant
to submit a copy of the registered sale deed to the CPIO to confirm that he is the
concerned party in respect of this registered sale deed then only he is entitled for
this information. Otherwise he is not entitled for this information. On the above
lines, the appeal is disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. The Central Public Information Officer, State Bank of India, Local Head Office,
‘Synergy’ Plot No.C-6, G Block, Bandra-Kurla Complex, P.B. No. 8123,
Bandra (E), Mumbai – 400 051.
2. The CGM & First AA, State Bank of India, Local Head Office, ‘Synergy’ Plot
No.C-6, G Block, Bandra-Kurla Complex, P.B. No. 8123, Bandra (E), Mumbai
– 400 051.
3. Mr. K.S. Bedi, 41-A, Mehrina, Nepean Sea Road, Mumbai – 400026.
2