Central Information Commission
Complaint No.CIC/PB/C/2008/00448-SM dated 19.06.2007
Right to Information Act-2005-Under Section (18)
Dated: 26 June 2009
Name of the Complainant : Shri Rajendra Singh, R/o Gopalpur,
Post Padki, Aligarh.
Name of the Public : CPIO, Canara Bank, Circle Office,
Authority 71, Nehru Nagar, M.G. Road,
Agra - 282002.
The Complainant was present along with Shri Gambhir Singh.
On behalf of the Respondent, Shri Ranjeet Kumar, Manager (Law),
was present.
The brief facts of the case are as under.
2. The Complainant had requested the CPIO on 19 June 2007 for the
copies of the original documents offered to the Bank by an unknown
borrower impersonating the Complainant himself. The CPIO replied on 16
July 2007 and denied the information on the ground that the documents
were being held in a fiduciary relationship and, therefore, exempt from
disclosure under Section 8(1)(e) of the Right to Information (RTI) Act. He
also stated that the some of the information sought was in the nature of
personal information and the disclosure of such information had no
relationship to any public activity and, therefore, was exempt under
Section 8(1)(j) of the Right to Information (RTI) Act. Not satisfied with
this reply, instead of going for an appeal before the first Appellate
Authority, the Complainant came before the Central Information
Commission seeking direction to the CPIO for disclosing the information.
CIC/PB/C/2008/00448-SM
3. During the hearing, both the sides were present and made their
submissions. The Respondent argued that even though the Bank had filed
an FIR in the competent Police Station against the person who
fraudulently obtained the loan by offering documents and proof about his
identity, nevertheless, he was still a customer of the Bank and,
therefore, the details of the loan account could not be disclosed to the
Complainant. The Complainant, on the other hand, submitted that since
the documents based on which the loan had been sanctioned pertained to
his own lands, he had a right to get copies of those documents. The fact
in the case is that a loan was sanctioned by the Bank to a customer who
produced the land records of the Complainant by way of mortgage. Since
the Bank itself realised that the customer had not produced valid records
and had obtained the loan not in a valid manner, it reported the matter
to the Police. In normal circumstances, the loan account details of any
borrower are not to be disclosed being in the nature of commercial
confidence as exempt under Section 8(1)(d) of the Right to Information
(RTI) Act. In this case, however, once it is admitted by the Bank itself
that the documents produced by the borrower did not belong to him but
belonged to someone else, the commercial confidence which the Bank
has to guard can no longer exist. The protection available under Section
8(1)(d) is only for valid and legitimate type of commercial confidence and
not for an illegitimate and invalid transaction as the Bank itself admitted
this one to be. Besides, Section 8(1)(d) makes it abundantly clear that
even such information can be disclosed if it serves a larger public
interest. We feel that the disclosure of this information to the
Complainant would help a larger public interest in as much as it would
exhibit an act of fraud perpretated on a Bank and thereby would serve as
a warning to all concerned.
4. In view of the above, we direct the CPIO to provide to the
Complainant within 10 working days from the receipt of this order copies
of all the documents pertaining to the assets of the Complainant based on
which the Tractor loan and the Kisan Credit Card had been issued to a
third party. Besides, he shall also inform the names of the officials in the
CIC/PB/C/2008/00448-SM
Bank who had processed and sanctioned this loan.
4. With the above directions, the Complaint is 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.
Copy to:
01. Shri Rajendra Prasad, R/o Gopalpur, Post Padki, Aligarh.
02. CPIO, Canara Bank, Circle Office, 71, Nehru Nagar, M.G. Road, Agra –
282002.
CIC/PB/C/2008/00448-SM