Back
2024 Supreme(Online)(CIC) 6812
CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
GANESAN K – Appellant
Versus
Punjab National Bank – Respondent
CIC/PNBNK/A/2023/648905
The RTI Act permits exemption from information disclosure if it pertains to commercially sensitive information, as upheld by the Commission.
Headnote:(A) Right to Information Act, 2005 - Section 8(1)(d) - The appellant sought information regarding loan accounts from the bank, which was denied on grounds of commercial sensitivity. The CPIO's response upheld by the FAA was deemed appropriate by the Commission. (Paras 2, 3, 7, 8)
(B) Information Disclosure - The RTI Act allows for exemptions concerning information that could harm the commercial interests of a financial institution. (Paras 2, 8)
Facts of the case:
The appellant, a former Senior Manager of the bank, filed an RTI application seeking information about his loan accounts. The CPIO denied the request citing exemptions under the RTI Act due to commercial sensitivity. (Paras 1, 6)
Findings of Court:
The Commission observed that the CPIO's response was appropriate and aligned with the provisions of the RTI Act, finding no grounds for further intervention. (Paras 8)
Issues: The main issue was whether the information sought was exempt from disclosure under the RTI Act. (Paras 7, 8)
Ratio Decidendi: The court ruled that the CPIO's invocation of Section 8(1)(d) was justified as the requested documents contained commercially sensitive information that could adversely affect the bank's financial position. (Paras 7, 8)
Result: Appeal dismissed.
O R D E R
1. The Appellant filed an RTI application dated 31.07.2023 seeking information on the following points: Information sought under RTI act for my loan accounts jointly held with my wife 7492******00670, 7492*****0704 and 7492******0257 with PUNJAB NATIONAL BANK, SARAVANAMPATTI, COIMBATORE, TAMIL NADU (i) As per the system of Punjab National Bank, a Pre-Disbursement Certificate is to be obtained from the Sanctioning authority by the disbursing branch before the disbursement of any loan. I want to know as the RTI Act whether any such certificate is issued by the sanctioning authority for our loan account number 7492******00257 where I stand as a co-borrower. (ii)
What all the documents that have been submitted or confirmed to have been received by Branch Manager from our side for getting the Pre-disbursement certificate issued, for our account 74920*****00257? (iii)
Please provide me a copy of Pre-disbursement certificate issued for the account as this is our own account.
(iv) Is form number PNB 1117 required for a major student for availing education loan? If not, why the BM insisted on it for our loan account 74920*****0257? (v) Branch Manager of PNB SARAVANAMPATTI (749200) had stopped disbursements in the education loan account 74920*****00257 describing - as per Condition No.8, “The bank will reserve the right of giving loan to the borrower or continue /discontinue the periodical disbursement to the borrower.” Whether this stoppage of disbursements was approved by his higher or the sanctioning authorities? If so, I need to get the copy of the note on the file for stopping the disbursements as per the freedom as envisaged under RTI Act. …, etc./ other related information.
2. The CPIO replied vide letter dated 28.08.2023 and the same is reproduced as under :-
(i) The information sought pertains to internal guidelines of the Bank. We are exempted from disclosure of such information under Section 8(1)(d) of RTI Act
2005. (ii)
The information sought pertains to internal Procedure of the Bank. We are exempted from disclosure of such information under Section 8(1)(d) of RTI Act
2005. (iii)
The information sought pertains to internal correspondence of the Bank. We are exempted from disclosure of such information under Section 8(1)(d) of RTI Act 2005. (iv)
Bank has separate education loan agreement format for major student and minor student. Form number quoted in query is applicable for major student.
(v) The stipulation quoted in the query is mentioned in the sanction letter which had been signed and accepted by the borrowers. There is no pending disbursement in education loan.
Etc.
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 31.08.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 26.09.2023 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 Nil.
5. The appellant and on behalf of the respondent Shri Sitharaman G. CPIO, attended the hearing through video conference.
6. The appellant inter alia submitted that the respondent had denied the information relating to his own loan account.
7. The respondent while defending their case inter alia submitted that the appellant was former Senior Manager in the bank and during his tenure in the bank, he had availed two housing loans and one education loan. The CPIO further stated that the documents directly pertaining to the loan account as sanction letter, statements, etc. had been furnished to the appellant. However, the documents including pre-disbursement certificate contained commercially sensitive information and the disclosure of the same could have adversely affected the financial position of the respondent as a financial institution. Therefore, the information was exempted under Section 8 (1) (d) of the RTI Act.
8. The Commission after adverting to the facts and circumstances of the case, he
