Information regarding total fuel charges paid to SBI employees during the Financial Year 2006-2011 was denied u/s 7(9) - Appellant: petrol reimbursement given to 2 lakh employees is about 2.5% of total consumption of petrol in country - CIC: denial upheld
18 Nov, 2014Facts:
1. The appellant, Shri Nalin Tayal, submitted RTI application dated 23 April 2011 before the Central Public Information Officer (CPIO), State Bank of India, Mumbai; seeking information regarding total fuel charges paid to employees at various levels in the Bank (Circle wise) & Associates bank during the Financial Year 2006-2011 etc.
2. The appellant preferred appeal dated 14 June 2011 to the first appellate authority (FAA) when he did not receive any reply from the CPIO concerned within the stipulated time period. Vide order dated 9 September 2012, FAA held that CPIO had already furnished the reply vide letter dated 2.5.2011 in which the CPIO had denied the information by invoking section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI ACT, 2005. FAA upheld this contention of the CPIO and also held that other part of the information was related to Associate Banks which were separate public authorities in terms of the provision of section 2(h) “public authority” means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; of the RTI Act, 2005 and requested the appellant that he may take up the matter with the authorities concerned directly.
3. Not satisfied with the response of the public authority, the appellant preferred second appeal before the Commission.
4. The matter was heard today. The appellant submitted that he had sought information regarding total fuel charges paid to employees at various levels in the Bank (Circle wise) & Associates bank during the Financial Year 2006-2011 etc. but the respondent had denied the information on the ground of its being voluminous and that collecting of that would disproportionately divert their resources. He also submitted that he sought the information in public interest as SBI employees are the biggest consumer of petrol in this country. He added that total no. of SBI employees in the country is around 2 lakhs only but the total consumption of petrol by way petrol reimbursement given to them is of about 2.5% of total consumption of petrol in the country. The respondent submitted that the information sought by the appellant was not maintained centrally and they are a vast organization consisting of 14 Circles and collection and collation of the information sought would disproportionately divert their resources, therefore they had denied the information u/s 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act.
5. The Commission finds that the information sought does not only relate to a large number of offices but also spans over five years. The Commission upholds the respondents’ decision. The appeal is disposed of.
(Manjula Prasher)
Information Commissioner
Citation: Shri Nalin Tayal v. State Bank of India in Appeal: No. CIC/VS/A/2012/001427/MP