SUPREME COURT OF INDIA
M.Y. Eqbal, C. Nagappan, JJ.
Reserve Bank of India – Petitioner
Versus
Jayantilal N. Mistry – Respondent
TRANSFERRED CASE (CIVIL) NO.91 to 101 OF 2015
Decided on : 16-12-2015
Facts of the case:
Information sought for by respondents from petitioner-Bank denied mainly on ground that such information is exempted from disclosure under Section 8(1)(a)(d) and (e) of RTI. Said denial by RBI reversed by Central Vigilance Commissioner.
Findings of the case:
Order of Central Information Commissioner needs no interference.
Result : Appeals dismissed.
Based on the provided legal document, the key points are as follows:
The Right to Information (RTI) Act, 2005, establishes that information held by public authorities, including inspection reports and related documents, falls under the scope of "information" that must be accessible to the public, unless specifically exempted (!) (!) (!) .
The RTI Act provides certain exemptions from disclosure, notably when such information could prejudicially affect the sovereignty, integrity, security, scientific or economic interests of the State, or when it involves fiduciary relationships or confidential information received from foreign governments (!) (!) (!) (!) (!) .
The Act emphasizes balancing transparency with other public interests, allowing disclosure if the larger public interest warrants it, even if the information falls under exemptions (!) (!) .
The statutory framework of other laws, such as the RBI Act, Banking Regulation Act, and Credit Information Companies Act, contains provisions for confidentiality and non-disclosure, which the RTI Act does not automatically override. The RTI Act is a general law that coexists with these specific statutes, and in case of conflict, the specific confidentiality provisions generally prevail (!) (!) (!) (!) .
The concept of fiduciary relationship involves trust and confidence, and such a relationship typically entails a duty of loyalty, confidentiality, and acting in the best interest of the beneficiary. However, the document clarifies that the RBI does not share a fiduciary relationship with banks when conducting inspections or obtaining information; instead, the reports are obtained in a statutory, regulatory capacity, which does not impose a fiduciary duty (!) (!) (!) (!) (!) (!) .
The disclosure of inspection reports and related documents by the RBI or banks is generally protected under the exemption clauses of the RTI Act, especially when such disclosures could harm the economic interests of the country, commercial confidence, or involve confidential information obtained in a fiduciary capacity (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
The RTI Act aims to promote transparency and accountability in governance, recognizing that the right to information is a fundamental right. However, this right is subject to limitations where disclosure could harm public interest, national security, or violate statutory confidentiality provisions (!) (!) (!) .
The authorities, including the RBI, are expected to act transparently and disclose information unless explicitly exempted, with the courts and information commissions emphasizing the importance of balancing transparency with confidentiality concerns (!) (!) (!) .
The law acknowledges that certain information, especially that which affects the economic stability or involves sensitive financial data, may be withheld to protect the broader public interest. Nonetheless, the disclosure of non-sensitive, publicly owned information is encouraged to promote transparency (!) (!) (!) (!) .
Overall, the legal framework supports disclosure of information to the extent that it does not conflict with statutory confidentiality provisions or harm the public interest, with the RTI Act serving as a tool to promote transparency within these boundaries.
JUDGMENT
M.Y. EQBAL, J.
Main issue that arises for our consideration in these transferred cases is as to whether all the information sought for under the Right to Information Act, 2005 can be denied by the Reserve Bank of India and other Banks to the public at large on the ground of economic interest, commercial confidence, fiduciary relationship with other Bank on the one hand and the public interest on the other. If the answer to above question is in negative, then upto what extent the information can be provided under the 2005 Act.
2. It has been contended by the RBI that it carries out inspections of banks and financial institutions on regular basis and the inspection reports prepared by it contain a wide range of information that is collected in a fiduciary capacity. The facts in brief of the Transfer Case No.91 of 2015 are that during May-June, 2010 the statutory inspection of Makarpura Industrial Estate Cooperative Bank Ltd. was conducted by RBI under the Banking Regulation Act, 1949. Thereafter, in October 2010, the Respondent sought following information from the CPIO of RBI under the Act of 2005, reply to which is tabulated hereunder:
| Sr. No. | Information sought | Reply |
| 1. | Procedure Rules and Regulations of Inspection being carried out on Co-operative Banks | RBI is conducting inspections under Section 35 of the B.R. Act 1949 (AACS) at prescribed intervals. |
| 2. | Last RBI investigation and audit report carried out by Shri Santosh Kumar during 23rd April, 2010 to 6th May, 2010 sent to Registrar of the Cooperative of the Gujarat State, Gandhinagar on Makarpura Industrial Estate Co-op Bank Ltd Reg. No.2808 | The Information sought is maintained by the bank in a fiduciary capacity and was obtained by Reserve Bank during the course of inspection of the bank and hence cannot be given to the outsiders. Moreover, disclosure of such information may harm the interest of the bank & banking system. Such information is also exempt from disclosure under Section 8(1) (a) & (e) of the RTI Act, 2005. |
| 3. | Last 20 years inspection (carried out with name of inspector) report on above bank and action taken report. | Same as at (2) above |
| 4. | (i) Reports on all co-operative banks gone on liquidation (ii) action taken against all Directors and Managers for recovery of public funds and powers utilized by RBI and analysis and procedure adopted. | (i) Same as at (2) above (ii) This information is not available with the Department |
| 5. | Name of remaining co-operative banks under your observations against irregularities and action taken reports | No specific information has been sought |
| 6. | Period required to take action and implementations | No specific information has been sought |
3. On 30.3.2011, the First Appellate Authority disposed of the appeal of the respondent agreeing with the reply given by CPIO in query No.2, 3 & first part of 4, relying on the decision of the Full Bench of CIC passed in the case of Ravin Ranchochodlal Patel and another vs. Reserve Bank of India. Thereafter, in the second appeal preferred by the aggrieved respondent, the Central Information Commission by the impugned order dated 01.11.2011, directed RBI to provide information as per records to the Respondent in relation to queries Nos.2 to 6 before 30.11.2011. Aggrieved by the decision of the Central Information Commission (CIC), petitioner RBI moved the Delhi High Court by way of a Writ Petition inter alia praying for quashing of the aforesaid order of the CIC. The High Court, while issuing notice, stayed the operation of the aforesaid order.
4. Similarly, in Transfer Case No. 92 of 2015, the Respondent sought following information from the CPIO of RBI under the Act of 2005, reply to which is tabulated hereunder:
| Sr. No. | Information sought | Reply |
| 1. | ||
Peerless General Finance and Investment Co. Limited and Another Vs. Reserve Bank of India
Raghunath vs. state of Karnataka 1992(1) SCC 335 at p.348 pages 112 and 114 – Referred
ICICI Bank vs. SIDCO Leather etc., 2006(10) SCC 452 at p. 466
AG Varadharajalu vs. Tamil Nadu
Mardia Chemicals Limited vs. Union of India
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S.P. Gupta v. President of India and Ors.
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