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2024 Supreme(Online)(CIC) 1686

केीय सूचना आयोग

Central Information Commission

बाबा गंगनाथ माग,मुिनरका

Baba Gangnath Marg, Munirka

नई दली, New Delhi – 110067

ितीय अपील संया / Second Appeal No. CIC/IBANK/A/2022/133283

C. S. Sibichakkravarthy

… अपीलकता/Appellant

VERSUS

बनाम

CPIO: Indian Bank

Tamil Nadu

…ितवादीगण/Respondents

Relevant dates emerging from the appeal:

RTI : 26.09.2021

FA

: 26.11.2021

SA

: 13.07.2022

CPIO : 30.10.2021

FAO : 09.12.2021

Hearing : 26.02.2024

Date of Decision: 28.02.2024

CORAM:

Hon’ble Commissioner

_ANANDI RAMALINGAM

ORDER

1. The Appellant filed an RTI application dated 26.09.2021 seeking information on the following points:

    (i) Furnish me the name and address of the students’ defaulters who borrowed / availed educational loan from Indian bank, main branch, Chidambaram during the year 2010 and 2011. Amount borrowed by the above said students who availed educational loan and the total number of students for each year with their name and address may please be furnished.
    (ii) Furnish me about the cases filed against those (student borrowers) who availed educational loan during the year 2010 and 2011 for not repaying the above said loan from Indian bank, Chidambaram main branch, #71 south car street Chidambaram.
    (iii) List of defaulter’s name and address with their case numbers and the year filed in sub court Chidambaram by the Indian bank main branch Chidambaram for not repaying the above said education loan who borrowed (student borrowers) during the year 2010 and 2011 may please be furnished to me.

2. The CPIO replied vide letter dated 30.10.2021 and the same is reproduced as under:-

    (i) - In this regard, we have the obligation to maintain secrecy of our customer's account, details exempted from disclosure under Section 8 (1) (e) - (information available to a person in his fiduciary relationship) and 8 (1) (j)-(as the disclosure of such information would cause unwarranted invasion of privacy of the individual and does not involve larger public interest) under the RTI Act. However, as per branch records the number of students who availed educational loan and amount in the year 2010 and 2011 are.
    Education Loans sanctioned in 2010 and irregular at present, Total no of accounts- 19, Amount Outstanding- 46,93,604.
    Education Loans sanctioned in 2011 and irregular at present, Total no of accounts- 42 Amount outstanding- 1,53,58, 010.
    (ii) & (iii) – As per branch record, the educational loan account with suit filed details are:
    S. No. Borrower Name Account No. Claim Amount Suit filed OA No.

01 Ms.CS Shanmugapriya D/o Mr.CS Sibichakkaravarthy XXXXX6680 382423 115/2018 3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 26.11.2021 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 09.12.2021 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 13.07.2022.

5. The appellant was present at the VC venue and on behalf of the respondent Sreeja Rani, Chief Manager & representative of the CPIO attended the hearing through video conference.

6. The appellant submitted that the information was incorrectly denied by the CPIO u/s 8(1)(j) of the RTI Act as educational and other loans are granted out of public money and all the information sought by him is public information and should be provided. He also stated that as per the RBI guidelines, the names, addresses and photographs of the defaulters should be placed in public domain.

7. The respondent while defending their case submitted that the generic information sought by the appellant was duly supplied and other specific details which were related to third parties, were appropriately denied under the relevant provisions of the RTI Act. 8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observed that permissible information was already supplied to the appellant vide the letter dated 30.10.2021. The name and address of the student defaulters who borrowed / availed educational loan from Indian bank was correctly denied under Section 8(1)(j) of the RTI Act as this information is purely a matter between the bank defaulters and the bank. Therefore, in the absence of any larger public interest, t


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