ORDER

(08.03.2022)

1. The issues under consideration arising out of the second appeal dated 13.10.2019 include non-receipt of the following information raised by the appellant through the RTI application dated 20.08.2019 and first appeal dated 06.09.2019:-

(i) Certified copy of board resolution authorizing the amount investing in National Payment Corporation of India.

(ii) Please provide the certified copy details of shareholding in National Payment Corporation of India.

2. Succinctly facts of the case are that the appellant filed an application dated 20.08.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Union Bank of India, Nariman Point, Mumbai, seeking aforesaid information. The CPIO vide letter dated 04.09.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 06.09.2019. The First Appellate Authority (FAA) vide order dated 11.09.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed a second appeal dated 13.10.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 13.10.2019 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 04.09.2019 and the same is reproduced as under:-

(i) “Board of Directors of the Bank in its meeting dated 26.11.2005 accorded approval for investment in NPCI. Copy of the Board resolution cannot be furnished as the same is of commercial confidence and hence exempted from disclosure u/s 8 (1) (d) of the RTI Act.

(ii) Investment of our Bank in NPCI is Rs. 10 crore which constitutes 7.47% of total capital of the Company. The information is also available in the NPCI website npci.org.in under the head Who We Are->Financials".

The FAA vide order dated 11.09.2019 upheld the reply of the CPIO.

Hearing on 23.11.2019

4.1 The appellant remained absent and on behalf of the respondent Jayadeesh V., Assistant General Manager (Law) and CPIO, Union Bank of India, Bandra, attended the hearing through video conference.

Interim order dated 29.11.2021

4.2 The Commission has passed the following observations and directions on 29.11.2021:-

“6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the appellant remained absent during the course of hearing in spite of hearing notice being served upon him. Further, the respondent also requested to grant some time to present detailed arguments supported with legal precedents. In view of the above and the principles of natural justice, the parties may be given a final opportunity to present their arguments and exchange written submissions, if any, while uploading the same on the Commission’s web portal before the next date of hearing. Accordingly, the matter is adjourned.”

Hearing on 16.02.2022

5. The appellant remained absent and on behalf of the respondent Shri Jayadish V, Asstt. General Manager (law), Union Bank of India, Bandra attended the hearing through video conference.

5.1 The respondent while endorsing the CPIO’s reply dated 04.09.2019 inter alia submitted that they had provided the desired information to the appellant except copy of board resolution sought on point no. 1 of the RTI application. They informed that the details of shareholding pattern in National Payment Corporation of India (NPCI) were already available in public domain and proper link had been given to the appellant. They further submitted that copy of the board resolution authorizing the amount investing in NPCI could not be given to the appellant as it contained information of their commercial confidence, disclosure of which might have affected their interest hence it was claimed exemption under section 8 (1) (d) of the RTI Act. They also