Need Help: Section 8(1) d and 8 b(j)

[Sachindewan]

How should I go about this...
Case 1. I am a director of a pvt ltd company which was guarantor to a loan. On approach, bank avoided me and later settled the land with one asset reconstruction co. now upon asking for the 1. copy of agreement 2. valuation report of land 3. The copy of any conversion with the director of co. through letter or email, the bank in reply to my RTI has referred to section 8(1)d commercial confidence in disclosure of such information. Please advice.
Case 2_ in a pvt ltd co, the elec connection was provided to a bank where bank deposited the documents signed by authorised signatory and got the electricity connection. Being the director, I asked the electricity board for a copy of documents deposited by the bank thru Rti for taking elec conn. and got the reply that 'the information is prohibited u/s 8b(j) of rti act ie cannot be provided without permission of third party ie bank and I should get the permission from bank before seeking this info. Please guide further

[digal]

Sponsorer

...to my RTI has referred to section 8(1)d commercial confidence in disclosure of such information. Please advice.

..that 'the information is prohibited u/s 8b(j) of rti act ie cannot be provided without permission of third party ie bank and I should get the permission from bank before seeking this info. Please guide further

Dear Member,
Appeal to the FAA (address should have been given u/s 7(8)(iii), in the reply itself.).
If you do not know the Address, search the Public Authority websites.
Convince him/her that the information is about of larger Public Interest (if you feel so).

[karira]

1. If you are a guarantor to that loan, then the information you asked for has to be certainly given to you. Another way of looking at it is that the loan was declared as NPA and therefore was settled most probably at a loss. The loss comes from your and my pocket so there is larger public interest in disclosure. SDec 8(2) over rides the exemptions in Sec 8(1)(d).
Please read:
Account details of bank customers protected from disclosure: CIC
http://rti.india.gov.in/cic_decision...6112007_05.pdf
http://rti.india.gov.in/cic_decision...3012008_13.pdf
http://rti.india.gov.in/cic_decision...8032010-01.pdf
http://rti.india.gov.in/cic_decision...46_M_69950.pdf
http://rti.india.gov.in/cic_decision...11_M_76700.pdf
http://rti.india.gov.in/cic_decision...92_M_70255.pdf

(There are many more - just search on the CIC website with the word "guarantor"

2. The documents submitted to the electricity board to get a electricity connection cannot be denied under 8(1)(j). They are not personal since they were submitted as an statutory pre requisite in order to get a connection. Moreover Sec 11 does not give any right to the PIO to reject the request for information - it only describes the procedure to be followed in acse the information is third party and the PIO decides to dislcose it. How is the PIO asking you to get permission from third party ? It is his job and not your job. He is the PIO, not you.

File a first appeal within 30 days of getting the PIOs reply in both cases.