Appellant remitted Rs. 25,000/- in a SBI account in connection with a fraudulent mobile message of winning 5,00,000 pounds of CNN World Mobile Awards - CIC: Inform if Ms. Valiya had or still holds the said SBI account, give address of the Cyber Police
25 May, 2015ORDER
1. The appellant, Shri K. Muhamed Yaseen, submitted RTI application dated 01.01.2014 before the Central Public Information Officer (CPIO), State Bank of India, Mumbai seeking address of Ms. Asha Mandeep Valiya with her photograph holding SB account No. 20045834286 with SBI.
2. The CPIO vide letter dated 20.01.2014 denied information under the provisions of Section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; and (j) of the RTI Act being personal information of bank’s customer which is held by the bank in fiduciary capacity. Dissatisfied with the reply of the CPIO the appellant filed an appeal on 31.01.2014 before the first appellate authority (FAA). The FAA vide order dated 06.02.2014 while upholding the reply of the CPIO recorded that the appellant had not shown any connection with account regarding which he sought information, or established any larger public interest.
3. Thereafter the appellant filed the instant appeal before the Commission.
4. The matter was heard by the Commission. The appellant stated that he remitted a sum of Rs. 25,000/- through internet in the account of Ms. Asha Mandeep Valiya in connection with a fraudulent message received on his mobile pertaining to winning 5,00,000 pounds of CNN World Mobile Awards UK. The respondents reiterated their stand stating that the address and photo of SBI’s customers is held by the bank in fiduciary capacity. They advised the appellant to approach the Cyber Police as it emerged from the statement of the appellant that it was a cyber crime.
5. Having considered the submissions of the parties, the Commission holds that the information as sought for by the appellant cannot be provided to him under the provisions of Section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; and (j) of the RTI Act. However, the CPIO is directed to give address of the Cyber Police to the appellant and inform the appellant whether Ms. Asha Mandeep Valiya had or still holds account No. 20045834286 with SBI within twenty days of receipt of this order. The appeal is disposed of.
(Manjula Prasher)
Information Commissioner
Citation: Shri K. Muhamed Yaseen v. State Bank of India in Appeal: No. CIC/MP/A/2014/000881