Central Information Commission
No.CIC/PB/A/2008/01282-SM dated 04.07.2008
Right to Information Act-2005-Under Section (19)
Dated 19.05.2009
Appellant : Smt. Panma Devi
Respondent : Madhya Bihar Gramin Bank
The Appellant is not present, in spite of notice.
On behalf of the Respondent, the following are present:-
(i) Shri Surendra Prasad
(ii) Ms. Rita Kumari
The brief facts of the case are as under.
2. In an application dated 4 July 2008, the Appellant had requested the
CPIO for 16 items of information in respect of the NSCs and the Savings Bank
account of a third party. The CPIO replied on 18 July 2008 and denied the
information on the ground that the Appellant had no relationship either with
the Savings Bank account or the NSCs deposited by the said third party and
hence the information sought could not be provided to her as exempt under
Section 8(1) (d) of the Right to Information (RTI) Act. Not satisfied with this
reply, she filed an appeal before the first Appellate Authority on 28 July 2008.
The first Appellate Authority disposed of the appeal in the order dated 11
August 2008 and informed her that the holder of the Savings Bank account
number 6817 had nominated someone else and that the nominee could
withdraw the money deposited in that account after completing legal
formalities. With regard to the NSCs, she advised the Appellant to approach the
relevant Post Office for the details. It is against this order that the Appellant
has now preferred an appeal before the CIC.
3. During the hearing, the Appellant was not present in spite of notice. The
Respondents were present and made their submissions. We carefully considered
the original application which the Appellant had sent to the CPIO for
information and found that all the information she had sought was regarding
the NSCs which had been presented by the account holder of the Savings Bank
account, who in this case happens to be the deceased son of the Appellant, in
connection with a loan. The Respondents submitted that the deceased account
holder had not nominated the Appellant as his nominee nor the Appellant had
produced any valid document in support of the fact that she was the legal heir
of the account holder so that the information sought could be given to her. The
account details of a person are held by the Bank in commercial confidence and
if such information is disclosed, the competitive position of the account holder
can be adversely affected. It has been consistently held by the CIC that such
information would be covered under the exemption provisions of Section 8(1)
(d) of the Right to Information (RTI) Act, unless such information was required
in larger public interest. In this case, the Appellant has not made out any case
that the disclosure of the account details including the details of the NSCs
would serve a larger public interest. Therefore, we are in agreement with the
stand taken by the CPIO that the information sought is exempt from disclosure
under Section 8(1) (d) of the Right to Information (RTI) Act. In view of this, no
relief as sought by the Appellant could be given to her.
4. The appeal is, thus, disposed off.
5. Copies of this order be given free of cost to the parties.
Sd/-
(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