Central Information Commission
Appeal No.CIC/PB/A/2008/00964-SM dated 10.03.2008
Right to Information Act-2005-Under Section (19)
Dated: 31 July 2009
Name of the Appellant : Shri Govindrao Venkatrao Ipkalwar,
M/s Hotel Venkateshwara,
Bhawani (Kali) Peth,
Basmatnagar, Distt. Hingoli - 431 512.
Name of the Public Authority : CPIO, State Bank of India,
Local Head Office, Synergy Plot No.C-6, G-
Block, Bandra Kulra Complex,
P.B. No. 8123, Bandra (East),
Mumbai.
The Appellant was present in person.
On behalf of the Respondent, Shri Anant Pai, was present.
The brief facts of the case are as under.
2. The case in brief is that the Appellant had, in his application dated
March 10 2008, requested the CPIO for the copies of two particular circulars
of the Bank related to credit delivery to small and medium enterprises both
at the Branch and the regional levels. The CPIO replied on May 5, 2008, that
is belatedly and denied the information claiming that the information sought
was exempt from disclosure under Section 8(1)(d) of the Right to
Information (RTI) Act. The Appellant was not satisfied and approached the
Appellate Authority on May 13, 2008. The Appellate Authority dismissed his
appeal in his orders dated May 30, 2008 by endorsing the views of the CPIO.
It is against this order that he has now come before the CIC in second
appeal.
3. The hearing was conducted through videoconferencing. The Appellant
was present in the Hingoli studio of the NIC whereas the Respondent was in
CIC/PB/A/2008/00964-SM
the Mumbai studio. We heard the submissions of both the parties. The main
objection of the Respondent was that the two circulars, namely, 48 and 58,
issued for internal use, lay down in detail the appraisal mechanism and
models for assessing loan applications and proposals and disclosing these to
the public would expose the commercial secrets of the Bank and can affect
its profitability. The Appellant on the other hand submitted that he had a
right to get a copy of the circulars.
4. We have noted that the Appellate Authority, in disposing of the
appeal filed before him, did not go into the merit of the case and rather
summarily disposed it off by just endorsing the decision of the CPIO. We
would have expected him to consider in some detail as to how the contents
of these two circulars, if disclosed, could adversely affect the competitive
position or the commercial interests of any third party including the State
Bank of India.
5. In view of the above, we would like to remand this case to the
Appellate Authority with the direction that he shall, within 20 working days
from the receipt of this order, reconsider this case and pass a speaking
order after giving adequate opportunity of hearing to the Appellant and
reflecting on the rationale of the specific claim made by the CPIO in
withholding these circulars.
6. The appeal is, thus, disposed off.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
CIC/PB/A/2008/00964-SM
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/2008/00964-SM