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Shri Jainath Prasad vs State Bank Of India on 24 September, 2009

Central Information Commission
Shri Jainath Prasad vs State Bank Of India on 24 September, 2009
                           Central Information Commission
                 Appeal No.CIC/SM/A/2008/00039 dated 13.12.2007
                 Right to Information Act-2005-Under Section (19)


                                                     Dated: 24 September 2009


Name of the Appellant              :   Shri Jainath Prasad,
                                       Shakya Muni Welfare Association Bihar,
                                       Champaran Kothi,
                                       Old Jakkanpuri, Patna, Bihar.


Name of the Public Authority       :   CPIO, State Bank of India,
                                       Local Head Office,
                                       West Gandhi Maidan,
                                       Post Box No. 103,
                                       Patna - 800 001.

        The Appellant was not present.

        On behalf of the Respondent, Shri A.K. Jha, was present.

The brief facts of the case are as under.

2. The Appellant had requested the CPIO in his application dated
December 13, 2007 for some information regarding the current value of the
share certificate bought in the past by one Sri Bhageswar Prasad Singh from
the Bank of Behar. The CPIO replied on January 21, 2008 and denied the
information under Section 8(1) (j) of the Right to Information (RTI) Act
claiming it to be third-party information. Not satisfied with this reply, he
had moved the first Appellate Authority on March 20, 2008. The Appellate
Authority disposed of this appeal in his order dated September 16, 2008 in
which he explained the current status of such share certificates. Still not
satisfied, the Appellant has come before the CIC in second appeal.

3. We heard this case through videoconferencing. The Appellant was not
present in spite of notice. The Respondent was present in the Patna studio
of the NIC. We heard his submissions. He argued that, in the first place, the
Appellant was seeking to know about the value of the share certificate
belonging to a third party which could not have been given to him as

CIC/SM/A/2008/00039
exempt from disclosure under the provisions of the RTI Act. Further, he also
clarified that the valuation of the shares of the Bank of Behar was under the
consideration of the Reserve Bank of India and until the RBI completed the
valuation exercise, it would not be possible to give this information even to
the owner of the share certificate. We agree with the contention of the
CPIO that the desired information concerned a third-party customer and
such information is exempt from disclosure under Section 8(1) (d) of the
Right to Information (RTI) Act. Besides, the desired information is not
available as the RBI is yet to complete the valuation exercise as stated by
the Respondent. We are afraid we can give no relief in this matter to the
Appellant.

4. The appeal is, thus, disposed off.

5. 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/SM/A/2008/00039

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