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2025 Supreme(Online)(CIC) 1132

के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi – 110067
File No: CIC/CCITA/A/2023/654617
Parveen Jagdishlal Dang .….अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
Income Tax Officer,
Ward - 5(3)(1), Aayakar Bhavan,
Vejalpur, Ahmedabad – 380015 ….प्रनर्वािीगण /Respondent
Date of Hearing : 25.02.2025
Date of Decision : 27.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 11.01.2023
CPIO replied on : 17.04.2023
First appeal filed on : 06.05.2023
First Appellate Authority’s order : 08.09.2023
2nd Appeal/Complaint dated : 11.12.2023

The definition of 'information' under the RTI Act excludes justifications for actions, and personal information is exempt from disclosure unless larger public interest is demonstrated.

Headnote:(A) Right to Information Act, 2005 - Sections 2(f) and 8(1)(e) & (j) - Appellant sought information regarding account details and technical faults - CPIO provided information but denied certain requests citing exemptions - The definition of 'information' under Section 2(f) does not cover justifications or reasons for actions taken - The Commission upheld the CPIO's response, referencing relevant case law on personal information and public interest. (Paras 1-10)

(B) Exemption under RTI Act - The request for names of approving authorities was denied as it constitutes third-party information, exempt from disclosure under Section 8(1)(e) & (j). (Paras 5-9)

Facts of the case:
The Appellant filed an RTI application seeking various details about a closed overdraft account and a technical fault in the banking system. The CPIO responded, providing some information while denying others based on RTI exemptions.

Findings of Court:
The Commission found that the CPIO had provided all available information and correctly applied exemptions for certain queries.

Issues: The main issues involved whether the requested information fell under the definition of 'information' and the applicability of exemptions under the RTI Act.

Ratio Decidendi: The court ruled that requests for justifications or reasons do not qualify as information under the RTI Act, and personal information is protected from disclosure unless public interest is demonstrated.

Result: Appeal dismissed.

ORDER

1. The Appellant filed an RTI application dated 14.11.2023 seeking information on the following points:

Original Sanction Limit:

Date of Cancellation Of Sanction Limit and Reason Date: Interest Amount Rs. 27,272/ being Serviced and for the Period Date : Captioned Staff O/D Account converted to NPA Please refer the attached copy of Grant Road Branch Certificate dt :03/08/2023 Detail Information of the Technical fault of Finacle Date: The Branch has confirmed the Mistake as a Technical fault of Finacle Date: Grant Road Branch has sent the Rectification Proposal to the Zonal Office, C&IC Dept, Name of the authority for Approval /Recommendation.

Date of Sanctioned Proposal for Rectification from C&IC Dept MSZ …, etc./ other related information

2. Having not received any response from the CPIO, the Appellant filed a First Appeal dated 21.12.2023.

3. The CPIO replied vide letter dated 27.12.2023 and the same is reproduced as under:-

1. You may please also note that Bank of India had undergone the software upgradation in Jan, 2022 for providing better services to its customers after issuing public notices. In some cases, the technical upgradation has caused inconvenience to Bank's customers which was subsequently rectified by the Bank.

2. Upon perusal of your RTI application, it is observed that you have sought information with respect to your Staff OD Account bearing number ***********0195 which has already been closed by Branch upon your instruction on 03.08.2023. You may please note that as per Bank's Policy Guidelines, Bank has already devised mechanism to meet customer's enquiries relating to records pertaining to customer's own account. As such RTI Act is not applicable in view of order dated 13.04.2017 delivered by the Madurai Bench of the Madras HC in the matter of S. Robinson versus Tamil Nadu State Information Commissioner and the Hon'ble Supreme Court decision dated 04.03.2020 in the matter of Chief Information Commissioner Vs High Court of Gujarat. As such, one may approach the Branch as a customer for obtaining information related to his/her account as per Bank's policy.

3. Without prejudice to the above, as per information received from the Branch we inform you the following:

a) Date of surrender of OD limit was 30.04.2016, however the account has kept active.

b) Date of closure of the OD account - 03.08.2023

c) Date of interest charged in OD account - 29.01.2022

d) Date of classification of the account as NPA - 05.03.2022

e) Please Provide the List of all accounts with the name Under the Same Cust ID of the captioned O/D Account that became NPA

Sr. No.A/c No.BranchA/c Holder NameClosure Date
1.***********0017 Grant RoadMr. Pradip Ramchandra Ramade27.10.2023
2.***********0195 Grant RoadMr. Pradip Ramchandra Ramade03.08.2023
3.***********0188 Grant RoadMr. Pradip Ramchandra Ramade03.08.2023
4.***********0083 Mira RoadMr. Pradip Ramchandra RamadeLive
5.***********0071 MahavirNagarMr. Pradip Ramade Ramchandra Mr. Prathemesh Ramade04.08.2023

4. Further, you have sought reason behind cancellation of sanction limit and cause for delay in rectification of the technical fault of Finacle. Further, Section 2 (f) of the RTI Act defines 'Information'. Further, kindly note that under RTI Act, the public authority is expected to provide only the available information that are not exempted u/s 8 (1) of RTI Act and not required to give opinion or answer any queries or investigate the matter that are raised in the RTI Application.

5. You have also sought information with respect to name of the approving/recommending for the rectification proposal sent by the Branch to the Zonal Office or the dealing officer of the Branch. You may please note that the name of the approving/recommending authority, Chief Manager etc. are internal communication of the Bank and disclosure of the same does not serve any public purpose and has no relation with any public activity. The transfer and present place of posting of any officer sought by you is als

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