Documents submitted by third party for opening bank account was denied u/s 8(1)(e) – Appellant: third party had submitted fraudulent documents – CIC: Commission is not competent to go into the issue of genuineness of the documents, appeal dismissed
29 Jun, 2014ORDER
1. According to the appeal, the Appellant filed an RTI application on 16.2.2012, seeking information on five points regarding the bank account of a third party and the documents, based on which the third party had opened this account. The CPIO responded on 21.3.2012, denying information under 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; 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; of the RTI Act. Not satisfied with the reply of the CPIO, the Appellant filed an appeal to the First Appellate Authority. In his order dated 31.3.2012, the FAA upheld the decision of the CPIO. The Appellant approached the CIC in second appeal on 15.6.2012.
2. We heard the submissions of the Appellant and the Respondents. The Respondents reiterated their decision to deny information under 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; 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; of the RTI Act. The Appellant stated that the third party had fraudulently given his address, along with fraudulently obtained documents, to open the bank account in question. He further submitted that he needs the documents and information concerning opening of the account in question, to take the matter to a court. The Appellant was informed that the Commission was not competent to go into the issue of genuineness or otherwise of the documents, based on which the account in question was opened. In so far as the information sought by the Appellant is concerned, we are in agreement with the Respondents that it is covered by 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; 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; of the RTI Act. The Appellant made no submission to establish any larger public interest, which would warrant the disclosure of this information. In view of the foregoing, we see no ground to interfere with the decision of the Respondents to deny the information under 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; 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; of the RTI Act.
3. With the above observations, the appeal is disposed of.
4. Copies of this order be given free of cost to the parties.
(Sharat Sabharwal)
Information Commissioner
Citation: Shri Pradeep Chaudhary v. Bank of India in File No. CIC/VS/A/2012/000477/SH