Information regarding the details of particulars provided by the beneficiaries of SJSRY & related documents was denied u/s 8(1)(e)&(j) - PIO: NAC selects the candidates as per their eligibility & bank is not responsible for selection - CIC: denial upheld
1. The appellant, Shri Sadananda Guin, has submitted RTI application dated 16 February 2012 before the Central Public Information Officer (CPIO), State Bank of India, Barpalli Branch, Odisha; seeking information regarding the details of particulars provided by the beneficiaries of SJSRY (Swarna Jayanti Shahari Rozagar Yojana) and the documents attached by them. He had given a list of the beneficiaries.
2. Vide order dated 7 March 2012, CPIO denied the information to the appellant u/Ss. 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; & (j) of the RTI Act, 2005. Not satisfied by the CPIO’s reply, the appellant preferred appeal dated 23 March 2012 to the first appellate authority (FAA). Vide order dated 10 April 2012, FAA upheld the CPIO’s reply and also clarified the same.
3. Being aggrieved and not satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
4. The matter was heard today via videoconferencing. The appellant, Shri Sadananda Guin, along with Shri Kamlesh Rai, was present at the hearing and made submissions from Bolangir. The respondents, Shri Subrando, CPIO, Shri Fanedra Mishra, FAA, Shri Alok Dass, Chief Manager and Ms. Anu Bharti, Manager (Law) made submissions from Bhubaneshwar.
5. The appellant submitted that he is seeking the BPL details of candidates whose loan was sanctioned by SBI under SJSRY. He further alleged that deserving people in the BPL are not getting loans by the bank.
6. The CPIO submitted that the SJSRY scheme is sponsored by the respective Notified Area Council (NAC) who selects the candidates as per their eligibility and provides a list of approved candidates to the bank. The bank only verifies the actions / activity, the purpose for which the loan has been applied by the applicant and grants the loan keeping in view the purpose for which it is given. The bank is not responsible for looking into the eligibility which is done by the Notified Area Council. Further, the details of BPL persons who were given loan may not be disclosed as the loanee stands in a fiduciary capacity and is also personal information and, therefore, exempt under 8(1)(c) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; and 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. respectively. Decision Notice
7. The Commission upholds the decision of the CPIO. The appellant may approach the suitable forum for the redressal of his grievance, if any.
Citation: Shri Sadananda Guin V. State Bank of India IN Appeal: No. CIC/VS/A/2012/000447/MP