Jammu & Kashmir Bank was declared as Public Authority under J & K RTI Act 2009 by J & K Information Commission.

[sabharwal786]

The Orders of the J & K State Information Commission are as below:

Decision No. 120-SIC-J/K/Comp/35/2010

While concluding it would be appropriate to refer to the learned counsel of the respondent Mr. Z.A. Shah (who otherwise made an excellent exposition) was apprehensive, that in case the J&K Bank Ltd is declared a “Public Authority” and is brought underthe ambit of State RTI Act, 2009, it will open flood gates for certain exploiters with vested interest to make frivolous applications which may breachthe trust between the banker and depositors. Banking institutions are generally based on the trust and confidence of depositors and the bank and the dealings with the depositors would, thus, be under a severe threat of being misused. The Commission does not dismiss this apprehension altogether, the possibility cannot be discounted. However, the Commission has brought the attention of learned counsel to adequate safeguards provided in the Act under Section 8 particularly Sub Section (d), (e) and (i) and Section 10 and 11 of the State RTI Act, 2009 and Commission hopes that with proper training to PIOs and FAAs, the safeguards given in these provisions of law will be fully implemented if the facts of the case so warrant.

[karira]

Sponsorer

IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 2844/2012 and C.M. No. 6148/2012 (for stay)

THE JAMMU AND KASHMIR BANK LTD AND ANR ..... Petitioners
Through: Mr. Vijay Hansaria, Sr. Advocate, with Mr. G. M. Kawoosa, Adv.

versus

THE CENTRAL INFORMATION COMMISSION
AND ANR ..... Respondents

O R D E R

14.05.2012

At the outset, learned senior counsel for the petitioner, on
instructions, states that respondent no.1 may be deleted from the array
of respondents. The said prayer is accepted. Let an amended memo of
parties be filed within a week.

The submission of learned senior counsel for the petitioner firstly
is that the Right to Information Act does not extend to the State of
Jammu and Kashmir. The petitioner bank has its registered office in
Jammu and Kashmir and branch offices outside the said State. However,
the direction issued by the CIC is that the petitioner bank should
appoint PIOs for all its branches. The next submission of the learned
senior counsel is that the Jammu and Kashmir High Court has taken a view
in SWP Nos. 960-a/1992, 1137/1994 and 2133/2000, by its decision dated
03.04.2006 that the Jammu and Kashmir Bank i.e., the petitioner is not
amenable to writ jurisdiction on the ground that the State does not have
financial or administrative control over the said Bank.

The aforesaid submissions require consideration.

Issue notice to the surviving respondent, returnable on 16.10.2012.

Till the next date, the operation of the impugned order shall
remain stayed subject to the petitioner depositing an amount of
Rs. 10,000/- in the Registry of this Court towards litigation expenses of
the respondent within a week.

VIPIN SANGHI, J

[karira]

This is total confusion.

CIC declares J&K Bank as a PA under Central RTI Act 2005 and matter is stayed by Delhi High Court.

In the meantime, J&K SIC declares J&K Bank a PA under J&K RTI Act.

I am totally confused !