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B. R. GAVAI, C. T. RAVIKUMAR
HDFC Bank Ltd. – Appellant
Versus
Union Of India – Respondent
ORDER :
B.R. GAVAI, J.
1. For the reasons stated in I.A. No.68597 of 2021 in Writ Petition (Civil) No.1159 of 2019 for Impleadment, the same is allowed.
2. This batch of writ petitions has been filed by various Banks including private banks, inter alia, challenging the action of the respondent-Reserve Bank of India (hereinafter referred to as “RBI”) in directing disclosure of confidential and sensitive information pertaining to their affairs, their employees and their customers under the Right to Information Act, 2005 (hereinafter referred to as “the RTI Act”), which, in their submission, is otherwise exempt under Section 8 thereof.
3. We are treating Writ Petition (Civil) No. 1159 of 2019 as the lead matter.
4. Interlocutory Applications being I.A. No. 51632 of 2022 in Writ Petition (Civil) No.1159 of 2019 and I.A. No.54521 of 2022 in Writ Petition (Civil) No.683 of 2021 have been filed by the applicant-Girish Mittal, thereby seeking dismissal of the present writ petitions.
5. It is the contention of the applicant that the present writ petitions, in effect, are challenging the final judgment and order dated 16th December 2015, passed by this Court in the case of Reserve Bank of India vs
Right to information – RBI is entitled to issue directions to petitioners/Banks to disclose information even with regard to individual customers of Bank.
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RTI Act overrides statutory confidentiality in bank inspection reports; matter stayed pending Supreme Court clarification on public interest vs privacy.
Criminal complaints for non-supply of RTI information barred by Section 23 RTI Act; exclusive remedy via appeals. Inherent powers under Section 528 BNSS not invocable post-revision absent grave misca....
Disclosure of information under the RTI Act must respect third-party privacy and fiduciary exemptions unless public interest justifies disclosure, reinforcing the balance between transparency and pri....
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