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Decision No. CIC/SM/A/2011/000700/SG/14790
Appeal No. CIC/SM/A/2011/000700/SG
Relevant facts emerging from the Appeal:
Appellant : Mr. Jaibir Singh
Prop. M/s Risal Research & breeding farm,
#2152, Urban Estate
Jind
Respondent : Mr. Bahadur Singh
PIO & Chief Manager
Bank of India
S.C.O. 181- 182 , SECTOR 17-C
Chandigarh- 160 017
RTI application filed on : 06/08/2010
PIO replied on : 20/10/2010
First Appeal filed on : 22/09/2010
First Appellate Authority order on : 20/10/2010
Second Appeal received on : 01/12/2010
Sl. Query Reply of PIO
1. Please provide the details as to which poultry units have been provided Concerned PIO has
relief under the bird flu relief scheme during the period between provided no
December 2007 to July 2010 and the amount of relief provided to them. information.
Grounds for the First Appeal:
Reply of the PIO did not provide the requisite information.
Order of the First Appellate Authority (FAA):
It is been observed from the FAA's order that the application has been dealt with as provisions of
R.T.I Act, 2005 vide letter No. ZO:OPR:SKG:445 dated 17.08.2010 and the copy for the same has
been enclosed.
Ground of the Second Appeal:
The requisite Information was not furnished by the PIO & FAA's order.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Bahadur Singh, PIO & Chief Manager on video conference from NIC-Chandigarh;
The PIO has refused to give the information claiming exemption under Section 8(1)(e) of the
RTI Act on the ground that this is information held by the bank of its customers in fiduciary capacity.
Under Section 4(1)(b)(xiii) &(xiv) particular of those who receive subsidize loans or such other
benefits have to be declare suo-motu. In view of this if any of the loans regarding which the Appellant
is seeking information have been given in a subsidized manner the information these would have to be
provided to the Appellant. In the instant case the Appellant is seeking information about debt relief
scheme for bird flu. This clearly falls in the category of information which would have to be disclosed
suo-motu and hence it cannot be denied to any applicant.
Decision:
The appeal is allowed.
The PIO is directed to provide the information to the Appellant before
10 October 21011
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
22 September 2011
(In any correspondence on this decision, mention the complete decision number. (BK))