Central Information Commission Judgements

Shri Sripathi K vs State Bank Of India on 13 February, 2009

Central Information Commission
Shri Sripathi K vs State Bank Of India on 13 February, 2009
                              Central Information Commission
                     Appeal No.CIC/PB/C/2008/00486-SM dated 19.8.2007
                      Right to Information Act-2005-Under Section (19)

                                                                               Dated 13.02.2009

Appellant       :        Shri Sripathi K

Respondent      :        State Bank of India

The Appellant is represented by his Advocate.

On behalf of the Respondent, Shri Mohan Das, Gen. Manager (Law) is present.

The brief facts of the case are as under.

2. The Appellant had requested the CPIO in his application dated 19.8.2007 asking for
certain copies of his ledger account in respect of two credit cards issued by the SBI Cards. The
CPIO transferred the request to the Chief Executive Officer of the SBI Cards and Payment
Services Private Ltd. In the mean while, the Appellant filed an Appeal before the first Appellate
Authority on 20.10.2007. That Authority informed the Appellant that the SBI Cards was not
covered under the RTI Act as of now. The Appellant has come before us in Second Appeal.

3. The case was heard through video conference. We heard the submissions of both the
sides. We noted that, in a similar matter, the CIC had earlier ordered that the SBI Cards should
be treated as a Public Authority. Against that order of the CIC, the SBI Cards had gone before
the Hon’ble High Court at Delhi and the Hon’ble High Court, in its order dated 10.10.2007, had
stayed the order of the CIC. Thus, the issue of determining whether the SBI Cards is a Public
Authority within the meaning of Section 2(h) of the Right to Information (RTI) Act is yet to be
decided by the Hon’ble High Court. In view of this, we dispose off this Appeal with the
observation that, as and when, the matter gets decided by the Hon’ble High Court, the Appellant
would be free to approach the CPIO of the relevant Public Authority for the desired information.
However, if the Hon’ble High Court holds that the SBI Cards is not a Public Authority within the
meaning of RTI Act, the Appellant would have no case.

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