Documents executed between the bank and any of its branches for installing an ATM and the owner/landlord is not covered under Section 8(1)(d),(e) &(h)

[sabharwal786]

The Orders of the CIC are as under :

Decision No. CIC/SG/A/2011/000285/18223
Appeal No. CIC/SG/A/2011/000285

Respondent:

Mr. Amit Kumar Sharan, Dy. Manager (Law) on behalf of Mrs. R. Renuka, Public Information Officer & Deputy General Manager; The PIO has refused to give the information and is claimed that since the matter is subjudice he will not provide the information. There is no exemption in the RTI Act which would permit the respondent to refuse the information when the matter is subjudice. The PIO has also stated that the information is exempt under Section 8(1)(d),(e) &(h) without giving any explanation as to how these exemptions apply in the instant case. As per Section 19(5) of the RTI Act the onus to prove that the denial of information was justified is on the PIO. The Respondent has no idea as to how the exemptions would apply. The Commission dies not see the purpose of sending officers to the Commission’s hearing who have no idea about the matter they are representing.


Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information to the appellant before 25 April 2012.

[karira]

Sponsorer

There are many earlier decisions - similar to this one - where even rental agreements entered into by Banks for branch offices / offices / residences / ATMs have been ordered to be disclosed.