CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SM/A/2011/001353/SG/15114
Appeal No. CIC/SM/A/2011/001353/SG
Relevant facts emerging from the Appeal:
Appellant : Suman Jha
PO Parsarma
Dist. Supol
Bihar 852130
Respondent : Public Information Officer,
Bank of India, Head Office
03rd Floor, CC-5, G Block,
Bandra Kurla Complex,
Bandra East, Mumbai - 51
RTI application filed on : 30/11/2010
PIO replied on : 29/12/2010
First Appeal filed on : 08/01/2011
First Appellate Authority order on : 22/02/2010
Second Appeal received on : 11/05/2011
Information Sought:
The Appellant wants to know about the people to whom the bank has issued Kishan Credit Card both
within and outside the area of the bank from April, 2005 till 2011 and the amount of the same. Also
the names of either the father or husband of the concerned person. Please provide the photocopies of
the related documents.
Reply of PIO:
1. The information sought cannot be provided as the same is exempted under section 8(1) (j) of
RTI Act, 2005.
2. The information sought cannot be provided as per section 3 of RTI Act, 2005.
Grounds for the First Appeal:
The Appellant was not satisfied with the reply of the PIO.
Order of the First Appellate Authority (FAA):
The FAA has upheld the reply of PIO.
Ground of the Second Appeal:
The Appellant is not satisfied with both the reply of the PIO and order of the FAA.
Relevant Facts
emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a
perusal of the papers it appears that the PIO has refused to give the information regarding the
transactions in a Kisan Credit Scheme Accounts. The Commission recognizes that normally the
information about a customer is held by the Bank in a fiduciary capacity and hence information about
such accounts or transactions need not be provided. However, under Section 4(1)(b) (xii) &(xiii) of the
RTI Act information regarding subsidies or concessions given by the government policy have to be
declare suo-motu by all public authorities. In view of this information related to such transactions
would have to be provided under RTI and cannot to be considered exempt. The Kisan Credit Card
Scheme is a subsidized scheme where a lower rate of interest is charged to the Account Holders. In
view of his the Commission rules that in the instant case the claim for exemption held by the PIO in
not upheld.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information sought by the Appellant as per
records to him before 05 November 2011.
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
10 October 2011
(In any correspondence on this decision, mention the complete decision number.) (ved)