{"id":240166,"date":"2011-11-04T00:00:00","date_gmt":"2011-11-03T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/mr-vivek-madhukar-shirvalkar-vs-reserve-bank-of-india-on-4-november-2011-2"},"modified":"2017-12-31T02:01:15","modified_gmt":"2017-12-30T20:31:15","slug":"mr-vivek-madhukar-shirvalkar-vs-reserve-bank-of-india-on-4-november-2011-2","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/mr-vivek-madhukar-shirvalkar-vs-reserve-bank-of-india-on-4-november-2011-2","title":{"rendered":"Mr.Vivek Madhukar Shirvalkar vs Reserve Bank Of India on 4 November, 2011"},"content":{"rendered":"
Central Information Commission<\/div>\n
Mr.Vivek Madhukar Shirvalkar vs Reserve Bank Of India on 4 November, 2011<\/div>\n
                       CENTRAL INFORMATION COMMISSION\n                           Club Building (Near Post Office)\n                         Old JNU Campus, New Delhi - 110067\n                                Tel: +91-11-26161796\n\n                                                        Decision No. CIC\/SG\/A\/2011\/002033\/15493\n                                                                Appeal No. CIC\/SG\/A\/2011\/002033\n\nRelevant facts emerging from the Appeal:\n\nAppellant                            :     Mr. Vivek Madhukar Shirvalkar,\n                                           68, Anil Co - Operative Housing Society Ltd.,\n                                           Gavand Path, Naupada, Thane (W),\n                                           Maharashtra - 400602\n\nRespondent                           :     Public Information Officer,\n                                           Reserve Bank of India,\n                                           Urban Bank Department,\n                                           Central Office, 1st Floor, Garment House,\n                                           Worli, Mumbai - 400018\n\nRTI application filed on             :     27\/11\/2010\nPIO replied on                       :     03\/01\/2011\nFirst Appeal filed on                :     27\/01\/2011\nFirst Appellate Authority order of   :     16\/03\/2011\nSecond Appeal received on            :     24\/06\/2011\n\nInformation sought from May 2000 till date regarding the Appellant's complaint dated 17\/11\/2009\nsubmitted to the Regional Director, RBI, as the Chairman of TAFCUB (Maharashtra) - against the\nThane Bharat Sahakari Bank Limited, Thane (Sahayog Mandir, Ghantali) Naupada, Thane - 400602\n(Ref: CRC Case No. 20\/27.07.2010).\n\nS.No.              Information sought              Reply of Public Information Officer (PIO)\n  1.    Copy of report submitted by officer(s) of No separate investigation was carried out on\n        RBI on the investigation carried out by   the issues raised by the Appellant, as the\n        them in the matters\/ issues stated by the financial issues were covered in the inspection\n        Appellant in the above mentioned          of the bank conducted under Section 35 of the\n        complaint.                                B. R. Act, 1949 (as applicable to co -\n                                                  operative societies) with reference to its\n                                                  position as on 31\/03\/2010. The inspection\n                                                  reports contain information held\/received by\n                                                  banks in a fiduciary capacity and cannot be\n                                                  disclosed to outsiders, as disclosure of such\n                                                  information may harm the interest of the bank\n                                                  and banking system. Such information is\n                                                  exempt from disclosure under Sections 8(1)(a)\n                                                  and (e) of the RTI Act. The other issues were\n                                                  referred to Registrar of Co - operative\n                                                  Societies, Maharashtra.\n  2.    Copy of reply\/explanations submitted by No reply has been received from the bank till\n        Thane Bharat Sahakari Bank Limited, date. A reminder was issued to the bank of\n        Thane to RBI on various facts reported by 08\/12\/2010.\n        the Appellant in the above mentioned\n        complaint.\n                                                                                           Page 1 of 8\n   3.    Copy of letter addressed by RBI to Thane         Copies of the letters dated 01\/02\/2010 and\n        Bharat Sahakari Bank Limited, Thane              08\/12\/2010 issued to the bank by the Mumbai\n        stipulating the action taken, if any, against    Regional Office were provided to the\n        the said bank with respect to various            Appellant.\n        irregularities in its functioning as stated in\n        the above mentioned complaint.\n\nGrounds for First Appeal:\nDissatisfied with the reply of the PIO.\n\nOrder of First Appellate Authority (FAA):\nBased on the contentions of the Appellant, the FAA made the following observations inter alia:\n(i)          As regards query 1 of the RTI application, reliance was placed upon the Bench decision of\n     the Commission in R. R. Patel v. RBI CIC\/MA\/A\/2006\/00406 and 00150 dated 07\/12\/2006. On\n     this basis, the reply of the PIO was upheld.\n(ii)         The FAA upheld the reply of the PIO as regards queries 2 and 3 of the RTI application.\n\nGround for Second Appeal:\nDissatisfied with order of FAA.\n\nRelevant Facts<\/pre>\n
 emerging during Hearing held on 1 November 2011:\n<\/p>\n
Both parties were directed to appear before the Commission via video conference at 3:45 PM on
\n01\/11\/2011 vide hearing notice dated 10\/10\/2011. However, neither party appeared before the
\nCommission at the designated time on 01\/11\/2011. Further, no written submissions were received
\nfrom either party explaining their absence on the said date.\n<\/p>\n
The order in the present matter was reserved on 01\/11\/2011.\n<\/p>\n
Decision announced on 4 November 2011:\n<\/p>\n
Based on perusal of papers, it appears that information as per record on queries 2 and 3 of the RTI
\napplication has already been furnished to the Appellant. Hence, it is not in dispute before the
\nCommission. As regards query 1 of the RTI application, information was denied by the PIO on the
\nbasis of Sections 8(1)(a) and (e) of the RTI Act. This was upheld by the FAA and reliance in this
\nregard was also placed on the Commission’s Full Bench decision in R. R. Patel v. RBI
\nCIC\/MA\/A\/2006\/00406 and 00150 dated 07\/12\/2006.\n<\/p>\n
On the basis of the papers before the Commission, the issues framed and the ruling in each are spelt
\nout below:\n<\/p>\n
Whether information sought in query 1 was exempt under Section 8(1)(e) of the RTI Act?
\nThe PIO has denied information on query 1 on the basis of Section 8(1)(e) of the RTI Act. Section 8(1)\n<\/p>\n
(e) of the RTI Act exempts from disclosure “information available to a person in his fiduciary
\nrelationship, unless the competent authority is satisfied that the larger public interest warrants the
\ndisclosure of such information”.\n<\/p>\n
This Bench, in a number of decisions, has held that the traditional definition of a fiduciary is a person
\nwho occupies a position of trust in relation to someone else, therefore requiring him to act for the
\nlatter’s benefit within the scope of that relationship. In business or law, we generally mean someone
\nwho has specific duties, such as those that attend a particular profession or role, e.g. doctor, lawyer,
\nfinancial analyst or trustee. Another important characteristic of such a relationship is that the
\ninformation must be given by the holder of information who must have a choice – as when a litigant
\ngoes to a particular lawyer, a customer chooses a particular bank, or a patient goes to particular doctor.
\nAn equally important characteristic for the relationship to qualify as a fiduciary relationship is that the
\nprovider of information gives the information for using it for the benefit of the one who is providing
\nthe information. All relationships usually have an element of trust, but all of them cannot be classified
\n                                                                                               Page 2 of 8<\/span>
\n as fiduciary. Information provided in discharge of a statutory requirement, or to obtain a job, or to get
\na license, cannot be considered to have been given in a fiduciary relationship.\n<\/p>\n
Information provided by banks\/ institutions subordinate to RBI is done in fulfillment of statutory
\ncompliance. This would not create any fiduciary relationship as such between RBI and the subordinate
\nbanks\/ institutions. The criteria defining a fiduciary relationship, as described above, must be satisfied
\nwhich does not appear to have been done in the present matter. Inspections, audits and investigations
\nare done by RBI officers as part of statutory duty and banks have to undergo this in compliance with
\nstatutory requirements. Therefore, the denial of information on query 1 on the basis of Section 8(1)(e)
\nis rejected.\n<\/p>\n
Whether information sought in query 1 was exempt under Section 8(1)(a) of the RTI Act?
\nThe PIO has denied information on query 1 on the basis of Section 8(1)(a) of the RTI Act and stated in
\nhis reply dated 03\/01\/2011 that disclosure of such information may harm the interest of the bank and
\nbanking system. The FAA upheld the reply of the PIO and further placed reliance on a Full Bench
\ndecision of the Commission in R. R. Patel v. RBI CIC\/MA\/A\/2006\/00406 and 00150 dated 07\/12\/2006
\nin this regard.\n<\/p>\n
In R. R. Patel’s Case, the Full Bench was considering the issue of disclosure of RBI’s inspection
\nreport of a cooperative bank. One of the issues before the Full Bench was whether the inspection
\nreport was exempt from disclosure under Section 8(1)(a) of the RTI Act. The Full Bench relied on a
\ndecision of the Punjab & Haryana High Court in RBI v. Central Government Industrial Tribunal
\n(dated 07\/05\/1958) which had observed that “In an integrated economy like ours, the job of a
\nregulating authority is quite complex and such an authority has to decide as to what would be the best
\ncourse of action in the economic interest of the State. It is necessary that such an authority is allowed
\nfunctional autonomy in decision making and as regards the process adopted for the purpose”. Based
\non the above, the Full Bench, in paragraph 16, ruled inter alia that “In view of this, and in light of the
\nearlier discussion, we have no hesitation in holding that the RBI is entitled to claim exemption from
\ndisclosure u\/s 8(1)(a) of the Act if it is satisfied that the disclosure of such report would adversely
\naffect the economic interests of the State. The RBI is an expert body appointed to oversee this matter
\nand we may therefore rely on its assessment. The issue is decided accordingly”.\n<\/p>\n
From a reading of the above, it appears that the Full Bench was of the view that if RBI concluded that
\ndisclosure of inspection reports would adversely affect the economic interests of the State, the said
\ninformation may be denied under Section 8(1)(a) of the RTI Act. There is no observation that the Full
\nBench had come to this conclusion by itself. Further, the observations of the Punjab & Haryana High
\nCourt in RBI v. Central Government Industrial Tribunal (dated 07\/05\/1958) relied on by the Full
\nBench were made much before the advent of the RTI Act and cannot therefore, be a guide for deciding
\non exemptions under the RTI Act. Furthermore, the RBI in R. R. Patel’s Case claimed that if
\ninspection reports of banks were to be disclosed it would affect the economic interests of the State.
\nThe Full Bench decision appears to rely on the submissions of the Deputy Governor of RBI provided
\nvide letter dated 21\/09\/2006 and were as follows:\n<\/p>\n
   “(i) Among the various responsibilities vested with RBI as the country’s Central Bank, one
\n   of the major responsibilities relate to maintenance of financial stability. While disclosure of
\n   information generally would reinforce public trust in institutions, the disclosure of certain
\n   information can
\n   adversely affect the public interest and compromise financial sector stability.\n<\/p>\n
   (ii) The inspection carried out by RBI often brings out weaknesses in the financial
\n   institutions, systems and management of the inspected entities. Therefore, disclosure can
\n   erode public confidence not only in the inspected entity but in the banking sector as well.
\n   This could trigger a ripple effect on the deposits of not only one bank to which the
\n   information pertains but others as well due to contagion
\n   effect.\n<\/p>\n
                                                                                              Page 3 of 8<\/span><\/p>\n
    (iii) While the RBI had been conceding request for information on actions taken by it on
\n   complaints made by members of the public against the functioning of the banks and financial
\n   institutions and that they do not have any objection in giving information in respect of such
\n   action taken or in giving the
\n   substantive information pertaining to such complaints provided such information is
\n   innocuous in nature and not likely to adversely impact the system.\n<\/p>\n
   (iv) However, disclosure of inspection reports as ordered by the Commission in their
\n   decision dated September 6, 2006 would not be in the economic interest of the country and
\n   such disclosures would have adverse impact on the financial stability.\n<\/p>\n
   (v) It would not be possible to apply section 10(1) of the Act in respect of the Act in respect
\n   of the inspection report as portion of such reports when read out of context result in
\n   conveying even more misleading messages.”\n<\/p>\n
Thus RBI argued that it did not wish to share the information sought as some of it could “adversely
\naffect the public interest and compromise financial sector stability”. RBI was unwilling to share
\ninformation which might bring out the ‘weaknesses in the financial institutions, systems and
\nmanagement of the inspected entities’. It was further contended that ‘disclosure can erode public
\nconfidence not only in the inspected entity but in the banking sector as well. This could trigger a
\nripple effect on the deposits of not only one bank to which the information pertains but others as well
\ndue to contagion effect’. It appears that the RBI argued that citizens were not mature enough to
\nunderstand the implications of weaknesses, and RBI was the best judge to decide what citizens should
\nknow. Citizens, who are considered mature enough to decide on who should govern them, who give
\nlegitimacy to the government, and framed the Constitution of India must be given selective
\ninformation about weaknesses exposed in inspection, to ensure that they have faith in the banking
\nsector. They must see the financial and banking sector only to the extent which RBI wishes. If the RBI
\nmade mistakes, or there was corruption, citizens would suffer. This appears to go against the basic
\ntenets of democracy and transparency.\n<\/p>\n
I would like to remember Justice Mathew’s clarion call in State of Uttar Pradesh v. Raj Narain<\/a> (1975)
\n4 SCC 428 – “In a government of responsibility like ours, where all the agents of the public must be
\nresponsible for their conduct, there can be but few secrets. The people of this country have a right to
\nknow every public act, everything that is done in a public way by their public functionaries. They are
\nentitled to know the particulars of every public transaction in all its bearing. Their right to know,
\nwhich is derived from the concept of freedom of speech, though not absolute, is a factor which should
\nmake one wary when secrecy is claimed for transactions which can at any rate have no repercussion
\non public security”.\n<\/p>\n
It is also worthwhile remembering the observations of the Supreme Court of India in S. P. Gupta v.
\nPresident of India & Ors. AIR<\/a> 1982 SC 149:\n<\/p>\n
   “It is axiomatic that every action of the government must be actuated by public interest but
\n   even so we find cases, though not many, where governmental action is taken not for public
\n   good but for personal gain or other extraneous considerations. Sometimes governmental
\n   action is influenced by political and other motivations and pressures…
\n   At times, there are also instances of misuse or abuse of authority on the part of the executive.
\n   Now, if secrecy were to be observed in the functioning of government and the processes of
\n   government were to be kept hidden from public scrutiny, it would tend to promote and
\n   encourage oppression, corruption and misuse or abuse of authority, for it would all be
\n   shrouded in the veil of secrecy without any public accountability. But if there is an open
\n   government with means, of information available to the public there would be greater
\n   exposure of the functioning of government and it would help to assure the people a better
\n   and more efficient administration. There can be little doubt that’ exposure to public gaze and
\n   scrutiny is one of the surest means of achieving a clean and healthy administration. It has
\n   been truly said that an open government is clean government and a powerful safeguard
\n   against political and administrative aberration and inefficiency…\n<\/p>\n
                                                                                             Page 4 of 8<\/span><\/p>\n
    This is the new democratic culture of an open society towards which every liberal democracy
\n   is evolving and our country should be no exception. The concept of an open government is
\n   the direct emanation from the right to know which seems to be implicit in the right of free
\n   speech and expression guaranteed under Article 19(1)(a). Therefore, disclosure of
\n   information in regard to the functioning of Government must be the rule and secrecy an
\n   exception justified only where the strictest requirement of public interest so demands…
\n   Even though the head of the department or even the Minister may file an affidavit claiming
\n   immunity from disclosure of certain unofficial documents in the public interest, it is well
\n   settled that the court has residual powers to nevertheless call for the documents and examine
\n   them. The court is not bound by the statement made by the minister or the head of the
\n   department in the affidavit. While the head of the department concerned was competent to
\n   make a judgment on whether the disclosure of unpublished official records would harm the
\n   nation or the public service, he\/she is not competent to decide what was in the public interest
\n   as that it the job of the courts. The court retains the power to balance the injury to the State
\n   or the public service against the risk of injustice, before reaching its decision on whether to
\n   disclose the document publicly or not.”\n<\/p>\n
The idea that citizens are not mature enough to understand and will panic is repugnant to democracy.
\nFor over 60 years citizens have handled their democratic rights in a mature fashion, punished leaders
\nwho showed tendencies of trampling their rights, and again given them power once the leaders had
\nlearnt their lessons not to take liberties with the liberties of the sovereign citizens of India. ‘We the
\npeople’ gave ourselves the Constitution, nurtured it and will take it forward. The fundamental rights of
\ncitizens, enshrined in the Constitution of India cannot be curbed on a mere apprehension of a public
\nauthority. The Supreme Court of India has recognized that the Right to Information is part of the
\nfundamental right of citizens under Article 19 of the Constitution of the India. Any constraint on the
\nfundamental rights of citizens has to be done with great care even by Parliament. The exemptions
\nunder Section 8 and 9 of the RTI Act are the constraints put by Parliament and adjudicating bodies
\nhave to carefully consider whether the exemptions apply before denying any information under the
\nRTI framework.\n<\/p>\n
It is pertinent to mention that in R. R. Patel’s Case, the Full Bench did not come to any specific
\nconclusion that disclosure of inspection reports would prejudicially affect the economic interests of the
\nState. Instead it left it to RBI to determine whether disclosure of the said information would attract
\nSection 8(1)(a) of the RTI Act. This was primarily on the basis that RBI is an expert body and that any
\ndecision taken by it should be relied upon by the Commission. No legal reasoning whatsoever was
\ngiven by the Bench for concluding the above. There is no evidence or indication that the Commission
\nafter taking cognizance of RBI’s views had come to the same conclusion. If the position of the Full
\nBench is to be accepted, it would lead to a situation where RBI would have the final say in whether
\ninformation should be provided to a citizen or not. Extending this logic, all Public authorities could be
\nthe best judge of what information could be disclosed, since they are likely to be experts in matters
\nconnected with their working. In such an event the Information Commission would have no role to
\nplay. Parliament evidently expected that the Information Commission would independently decide
\nwhether the exemptions are applicable. The Full Bench did not give any independent finding that the
\ndisclosure of information would affect the economic interests of the State in its decision. This would
\ncompletely negate the fundamental right to information guaranteed to the citizens under the RTI Act.
\nIn the case being considered by the full bench, it decided to accept the judgment of RBI. It is open to a
\nCommission to defer to a judgment of another body, but this does not establish any principle of law,
\nand would apply only to the specific matter.\n<\/p>\n
It is apparent from the scheme of the RTI Act that the Commission is a quasi- judicial body which is
\nresponsible for deciding appeals and complaints arising under the RTI Act. While deciding such cases,
\nthe Commission would necessarily have to consider whether there were any cogent reasons for denial
\nof information under Sections 8 and 9 of the RTI Act. The Commission cannot abdicate its
\nresponsibilities under the RTI Act to RBI on the ground that the latter is an expert body. The
\nCommission cannot rely solely on the decision of the public authority and must look into the merits of
\n                                                                                             Page 5 of 8<\/span>
\n the case itself. It must determine, on its own, whether the denial of information by the PIO was
\njustified as per Sections 8 and 9 of the RTI Act. Since the Full Bench has not recorded any comment
\nwhich shows that it consciously agreed that Section 8 (1)(a) of the RTI Act was applicable in such
\nmatters, it does not establish any legal principle or interpretation which can be considered as a
\nprecedent or ratio. Thus the decision is applicable only to the particular matter before it, and does not
\nbecome a binding precedent.\n<\/p>\n
Furthermore, the Full Bench in R. R. Patel’s Case was constituted to reconsider two decisions dated
\n06\/09\/2006 of Professor M. M. Ansari, then Information Commissioner. As described above, the
\nissues to be reconsidered by the Full Bench included whether the claim of RBI for exemption under
\nSection 8(1)(a) of the RTI Act in respect of inspection of reports could be held justified. The Full
\nBench relied on the Supreme Court’s decision in Grindlays’ Bank v. Central Government Industrial
\nTribunal AIR<\/a> 1981 SC 606 and noted that when a review is sought due to a procedural defect, the
\ninadvertent error committed by a tribunal must be corrected ex debito justitiae to prevent the abuse of
\nits power and such power is inherent in every court or tribunal. On this basis, the Full Bench
\nproceeded to review the decisions of Professor M. M. Ansari, then Information Commissioner.\n<\/p>\n
The Supreme Court of India in Patel Narshi Thakershi & Ors. v. Sri Pradyumansinghji AIR<\/a> 1970 SC
\n1273 has noted – “It is well settled that the power to review is not an inherent power. It must be
\nconferred by law either specifically or by necessary implication”. In Kuntesh Gupta v. Mgmt. of Hindu
\nKanya Mahavidyalaya, Sitapur & Ors. AIR<\/a> 1987 SC 2186, the Supreme Court observed – “It is now
\nwell established that a quasi judicial authority cannot review its own order, unless the power of
\nreview is expressly conferred on it by the statute under which it derives its jurisdiction”. It must be
\nnoted that a three- Judge Bench of the Supreme Court in Kapra Mazdoor Ekta Union v. Mgmt. of M\/s
\nBirla Cotton Appeal (Civil) No.<\/a> 3475\/2003 decided on 16\/03\/2005 held:\n<\/p>\n
   “…it is apparent that where a Court or quasi judicial authority having jurisdiction to
\n   adjudicate on merit proceeds to do so, its judgment or order can be reviewed on merit only if
\n   the Court or the quasi judicial authority is vested with power of review by express provision
\n   or by necessary implication. The procedural review belongs to a different category. In such a
\n   review, the Court or quasi judicial authority having jurisdiction to adjudicate proceeds to do
\n   so, but in doing so commits a procedural illegality which goes to the root of the matter and
\n   invalidates the proceeding itself, and consequently the order passed therein. Cases where a
\n   decision is rendered by the Court or quasi judicial authority without notice to the opposite
\n   party or under a mistaken impression that the notice had been served upon the opposite
\n   party, or where a matter is taken up for hearing and decision on a date other than the date
\n   fixed for its hearing, are some illustrative cases in which the power of procedural review
\n   may be invoked. In such a case the party seeking review or recall of the order does not have
\n   to substantiate the ground that the order passed suffers from an error apparent on the face of
\n   the record or any other ground which may justify a review. He has to establish that the
\n   procedure followed by the Court or the quasi judicial authority suffered from such illegality
\n   that it vitiated the proceeding and invalidated the order made therein, inasmuch the opposite
\n   party concerned was not heard for no fault of his, or that the matter was heard and decided
\n   on a date other than the one fixed for hearing of the matter which he could not attend for no
\n   fault of his. In such cases, therefore, the matter has to be re-heard in accordance with law
\n   without going into the merit of the order passed. The order passed is liable to be recalled
\n   and reviewed not because it is found to be erroneous, but because it was passed in a
\n   proceeding which was itself vitiated by an error of procedure or mistake which went to the
\n   root of the matter and invalidated the entire proceeding. In Grindlays Bank Ltd. vs. Central
\n   Government Industrial Tribunal and others<\/a> (supra), it was held that once it is established
\n   that the respondents were prevented from appearing at the hearing due to sufficient cause, it
\n   followed that the matter must be re-heard and decided again.”\n<\/p>\n
From a combined reading of the above decisions, it is clear that a quasi – judicial authority can review
\na decision on merits only if it is vested with power of review by express provision or by necessary
\n                                                                                             Page 6 of 8<\/span>
\n implication. The powers of the Commission are limited under the RTI Act and certainly do not confer
\nupon it the power of review. It is clear from the Full Bench ruling in R. R. Patel’s Case that it was
\nreviewing the two decisions of Professor M. M. Ansari, then Information Commissioner on merits.
\nThe Full Bench certainly did not have the power to do so given the provisions of the RTI Act and the
\nlaw laid down by the Supreme Court in this regard. In fact, the Supreme Court in the Kapra Mazdoor
\nEkta Union Case clearly considered and clarified the ruling in the Grindlays’ Bank Case (relied upon
\nby the Full Bench). It appears that the Full Bench reviewed the issues based on merits in R. R. Patel’s
\nCase in ignorance of the law laid down by the Supreme Court in Kapra Mazdoor Ekta Union Case. In
\nother words, the R. R. Patel Case is per incuriam and is consequently, not binding on this Bench.\n<\/p>\n
Having laid down the above, this Bench examines the reply of the PIO in the present matter that the
\ninformation is protected by the exemption under Section 8(1)(a) of the RTI Act. Since I do not chose
\nto defer to the RBI’s judgment in this matter, I will evaluate whether the PIO’s contention of
\nexemption under Section 8 (1) (a) is tenable. Section 8 (1) (a) exempts ” information, disclosure of
\nwhich would prejudicially affect the sovereignty and integrity of India, the security, strategic,
\nscientific or economic interests of the State, relation with foreign State or lead to incitement of an
\noffence”. It is unlikely that disclosure would prejudicially affect the sovereignty and integrity of India,
\nthe security, strategic, scientific (or economic interests) of the State, relation with foreign State or lead
\nto incitement of an offence”. Hence I will examine whether the economic interests of the State are
\nlikely to be prejudicially affected by disclosure of the information. The information which has been
\nclaimed to be exempt under Section 8 (1)(a) is query 1 i.e. copy of report submitted by officer(s) of
\nRBI on the investigation carried out by them in the matters\/ issues stated by the Appellant in his
\ncomplaint dated 17\/11\/2009.\n<\/p>\n
Thus as per the PIO and FAA revealing the investigation and audit report of Thane Bharat Sahakari
\nBank Limited, Thane would ‘prejudicially affect the economic interests of the State’. This Bench is
\nunable to understand how disclosing the investigation and audit report of Thane Bharat Sahakari Bank
\nLimited, Thane would in any miniscule way affect the economic interests of the Indian Nation. Even if
\nthe report reveals any gross weaknesses in the Thane Bharat Sahakari Bank Limited, it is unlikely to
\nhave even a minor ripple effect on the economy of the Country. Hence there is no ground for refusing
\ninformation with regard to query 1. The PIO perhaps rates the economic state of this Nation as being
\nextremely fragile to make such a claim, without any justification. I therefore cannot leave such a
\ndecision to the wisdom of RBI.\n<\/p>\n
I now refer to the conclusion and recommendation of the Full Bench of the Commission in paragraph
\n21 – “Before parting with this appeal, we would like to record our observations that in a rapidly
\nunfolding economics scenario, there are public institutions, both in the banking and non-banking
\nsector, whose activities have not served public interest. On the contrary, some such institutions may
\nhave attempted to defraud the public of their moneys kept with such institutions in trust. RBI being the
\nCentral Bank is one of the instrumentalities available to the public which as a regulator can inspect
\nsuch institutions and initiate remedial measures where necessary. It is important that the general
\npublic particularly the shareholders and the depositors of such institutions are kept aware of RBI’s
\nappraisal of the functioning of such institutions and taken into confidence about the remedial actions
\ninitiated in specific cases. This will serve the public interest. The RBI would therefore be well advised
\nto be proactive in disclosing information to the public in general and the information seekers under
\nthe Right to Information Act, in particular. The provisions of Section 10(1) of the RTI Act can
\ntherefore be judiciously used when necessary to adhere to this objective”.\n<\/p>\n
The Full bench had independently come to this conclusion after applying its mind. It had-, at
\nparagraph 21,- clearly stated that a larger public interest was likely to be served by disclosure of the
\nsaid information. It suggested that RBI should disclose most of this information in a proactive manner.
\nThe Full Bench of the Commission had effectively given a recommendation to RBI to disclose this
\ninformation under Section 4 of the RTI Act. I agree with the conclusion arrived at by the bench that
\nthe disclosure of the appraisal of financial institutions by RBI and remedial measures must be shared
\nwith public in a proactive manner. Public interest would be served by such disclosure as the bench has
\n                                                                                                 Page 7 of 8<\/span>
\n concluded on its own, without relying on RBI. It is unfortunate that RBI appears to have taken no steps
\nto proactively disclose this information in the last five years.\n<\/p>\n
Section 8 (2) of the RTI Act states, “Notwithstanding anything in the Official Secrets Act, 1923 nor
\nany of the exemptions permissible in accordance with sub-section (1), a public authority may allow
\naccess to information, if public interests in disclosure outweighs the harm to the protected interests”.
\nOnce the bench had recorded its finding of a public interest in disclosure it should have given reasons
\nwhy it did not order disclosure as per the provisions of Section 8(2) of the RTI Act. It could have
\nconsciously come to the conclusion whether the public interest in disclosure outweighed the harm to
\nthe protected interest. However, the full bench did not give any finding or ruling on this. The bench
\nappears to have overlooked the provisions of Section 8 (2) of the RTI Act. The full bench had arrived
\nat the conclusion that there was a larger public interest in disclosure, but did not give any directions
\nbased on this finding, nor did it give any reasons for not giving any directions. If the Full Bench had
\nconsidered the provisions of Section 8(2) of the RTI Act, it could have ruled that the requisite
\ninformation should be disclosed. In view of the above, I am of the considered view that the ruling in R.
\nR. Patel’s Case is per incuriam inasmuch it was rendered without considering the statutory provision
\nSection 8 (2) of the RTI Act. Hence, the decision is not a binding precedent.\n<\/p>\n
The RBI is a regulatory authority which is responsible for inter alia monitoring subordinate banks and
\ninstitutions. Needless to state significant amounts of public funds are kept with such banks and
\ninstitutions. Therefore, it is only logical that the public has a right to know about the functioning and
\nworking of such entities including any lapses in regulatory compliances. Merely because disclosure of
\nsuch information may adversely affect public confidence in defaulting institutions, cannot be a reason
\nfor denial of information under the RTI Act. If there are certain irregularities in the working and
\nfunctioning of such banks and institutions, the citizens certainly have a right to know about the same.
\nThe best check on arbitrariness, mistakes and corruption is transparency, which allows thousands of
\ncitizens to act as monitors of public interest. There must be transparency as regards such organisations
\nso that citizens can make an informed choice about them. In view of the same, this Bench is of the
\nconsidered opinion that even if the information sought was exempted under Section 8(1)(a) or (e) of
\nthe RTI Act,-as stated by the Respondent,- Section 8(2) of the RTI Act would mandate disclosure of
\nthe information. The Full bench had also concluded that there was a public interest in disclosure and I
\nconcur with its finding.\n<\/p>\n
The Appeal is allowed. The PIO is directed to provide the information as per records to the Appellant
\nin relation to query 1 before 30 November 2011.\n<\/p>\n
Notice of this decision be given free of cost to the parties.\n<\/p>\n
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.\n<\/p>\n
                                                                                                            Shailesh Gandhi
\n                                                                                                  Information Commissioner
\n                                                                                                           4 November 2011<\/p>\n
(In any correspondence on this decision, mention the complete decision number.)(BK)<\/p>\n
                                                                                                                 Page 8 of 8<\/span>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Central Information Commission Mr.Vivek Madhukar Shirvalkar vs Reserve Bank Of India on 4 November, 2011 CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi – 110067 Tel: +91-11-26161796 Decision No. CIC\/SG\/A\/2011\/002033\/15493 Appeal No. CIC\/SG\/A\/2011\/002033 Relevant facts emerging from the Appeal: Appellant : Mr. Vivek Madhukar Shirvalkar, 68, Anil Co – Operative […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[39,1],"tags":[],"class_list":["post-240166","post","type-post","status-publish","format-standard","hentry","category-central-information-commission","category-judgements"],"yoast_head":"\nMr.Vivek Madhukar Shirvalkar vs Reserve Bank Of India on 4 November, 2011 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/mr-vivek-madhukar-shirvalkar-vs-reserve-bank-of-india-on-4-november-2011-2\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Mr.Vivek Madhukar Shirvalkar vs Reserve Bank Of India on 4 November, 2011 - 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