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2024 Supreme(Online)(CIC) 3020

CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
S. RAJESHKUMAR – Appellant
Versus
Canara Bank – Respondent
CIC/CANBK/A/2023/618148



Internal circulars related to decision-making processes are exempt from disclosure under Section 8(1)(d) of the RTI Act, protecting commercial interests.

Headnote:(A) Right to Information Act, 2005 - Section 8(1)(d) - RTI application seeking information on PMEGP loan scheme - CPIO denied access to internal circulars citing exemption under RTI Act - Appellant's appeal upheld by FAA - Second appeal dismissed by Commission due to absence of appellant and adequate response from CPIO. (Paras 2, 3, 6, 7)

(B) Right to Information - The information sought pertains to internal communications of the bank, which are exempt from disclosure under the RTI Act as they involve commercial aspects and risk factors. (Paras 6, 7)

Facts of the case:
The appellant filed an RTI application seeking various details regarding the PMEGP loan scheme. The CPIO responded, denying access to certain internal circulars, which led to a first appeal that was upheld by the FAA. The appellant then filed a second appeal to the Commission.

Findings of Court:
The Commission found that the CPIO had provided an appropriate response and that the appellant's absence during the hearing limited the scope for intervention.

Issues: The main issues were whether the information sought was rightly denied under the RTI Act and the adequacy of the CPIO's response.

Ratio Decidendi: The court ruled that internal circulars related to decision-making processes of the bank are exempt from disclosure under Section 8(1)(d) of the RTI Act, emphasizing the importance of protecting commercial interests.

Result: Appeal dismissed.

ORDER

1. The Appellant filed an RTI application dated 27.01.2023 seeking information on the following points:

    (i) Provide me a copy of the order or circular or information in any other way to issued by your public authority for to take action by branch level banks on PMEGP loan scheme application.
    (ii) Please give me the information about the time frame for branch level canara banks to take decision on PMEGP loan scheme application.
    (iii) Provide me a copy of the order or circular or information in any other way to issued by your public authority to give priority in sanctioning the PMEGP scheme applications.
    (iv) Provide me a copy of the order or circular or information in any other way to issued by your public authority to fix interest rates for PMEGP loan schemes.
    (v) Please provide me a copy of the guidelines issued by your public authority for not to insist on collateral security for PMEGP loan scheme applications up to Rs.10 lakhs Remittance to Bank by Implementing Agencies., etc./ other related information 2. The CPIO replied vide letter dated 16.02.2023 and the same is reproduced as under:-
    (i) The Circulars are internal communications and are issued for helping/guiding employees of the bank in day to day functioning of the branch/ office. They are not meant for general public and are exempted under section 8 (1) d of the RTI Act 2005. However, you can visit our website www.canaramsme.in > PRODUCTS/SCHEMES > SUBSIDY LINKED SCHEMES > PMEGP for more details.
    (ii) As per KVIC credit decision should be taken within 30 days from the receipt of application from the District Agencies.
    (iii) Please visit our website www.canaramsme.in > POLICY > TIME NORMS FOR DISPOSAL OF MSME APPLICATIONS.
    (iv) Please visit our website www.canaramsme.in > PRODUCTS/ SCHEMES > SUBSIDY LINKED SCHEMES > PMEGP.
    (v) The Circulars are internal communications and are issued for helping /guiding employees of the bank in day to day functioning of the branch/ office. They are not meant for general public and are exempted under section 8 (1) d of the RTI Act.
    Etc.

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.03.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 17.03.2023 upheld the reply given by the CPIO.

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 10.04.2023.

5. The appellant remained absent and on behalf of the respondent Ms. Mridula, CPIO, attended the hearing through video conference.

6. The respondent while defending their case inter alia submitted that they had provided point-wise reply to the appellant on 16.02.2023. Further, the appellant had sought the copies of internal circulars wherein the bank’s decision-making regarding approval or rejection of loans was involved and the same contained commercial aspects such as risk factors. Therefore, the information with respect to point nos (i) and (v) of the RTI application was denied under the provisions of Section 8 (1) (d) of the RTI Act.

7. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act. Further, in the absence of the Appellant to plead his case or contest the CPIO’s submissions, the Commission finds no scope of intervention in the matter. Accordingly, the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

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