RTI: personal information & large public interest

[N.Santhanam]

i have sought the RTI information with punjab and sind bank on the details of the account transaction of a company to which the collateral security was given by me and the debt was fastened on me. The PIO and FAA rejected the application on the grounds of 8 (1)(j) and in the second appeal the CIC gave decision and agreed with the decision of FAA on the ground of 8(1)(e) even after arguing that the debts are fastened on me and i need to know the details of the account. the previous decisions of the CIC and the high court of delhi also was referred. Finally the cic directed the PIO that the information originating from the PIO shall be disclosed.
The personal informations are well defined by the delhi High court in the case of s.c Agharwal VS PIO -supreme court and there are similar decisions of the CIC is existing when there is an interest of a person affected to be protected the information should be disclosed. My case is a very fit case as the bank has manipulated the account and there is a negligence on the part of the bank in the entire transcation which came to light through other RTI involving larger public interest of irregularities committed .

though i am partially successfull in my appliaction can any one suggest me how to fight this corruption and fraud of the bank to get these informations tthrough RTI when the CIC gave immunity to the bank under section 8(1) (e). the bank has more fudiciary relation ship in view of its dominant position over my guarantee.

can i fight this through High Court. Any readers please advise.

santhanam

[jps50]

Sponsorer

Since you are guarantor and you have given collateral security for bank advance, you are legally entitled to know all the details of the account. Since CIC has ordered disclosure, you should be in a position to access the information. Following are two other decisions favouring guarantor.

File No.CIC/SM/A/2009/000531 dated 03-03-2010
CIC/SM/A/2011/000063, 64, 1094 & CIC/SM/C/2011/000300 dated 07-12-2011

In fact bank cannot change terms and conditions of loan without your written consent.

Bank will move against borrower and you in court of law or Debt Recovery Tribunal [if loan amount is above Rs.10 lakhs] for recovery. That time you should expose fraud etc through advocate based on information collected through RTI.

You can also lodge complaint with Central Vigilance Commission for corruption.

[N.Santhanam]

many thanks for your kind advise.
the said decision was quoted to the bench of shailesh ghandhi on 14.05.2012, but he distinguished that the account details cannot be discloses though i am a guarantor, and guarnater cannot be treated as borrower even though the bank has been trying to fasten the liability.
i have also lodged a vigilance complaint in late 2010 to CVC but even after reminders nothing has been heared. i belive they have transferred the file to the bank vigilance who is treating the matter is as subjudice. it is pointed out that no court or tribunal has directed any authorities not to investigate and my lawyer is trying to take directions from the tribunal.
This Branch of punjab and sind bank in a particular period is involved in irregularities. for an example of my case:
1. the loan was disbursed without complying the sanctioned terms:
2. the lending before the sanction was unknown to any and even sanction letter does not mention the existing liabilities of the borrower at the time of sanction and ratified the liability.
3.these liabilities which is the main out standing to day and these were inducted in the account sheet submitted to the tribunal after the sanction by adding interest on that date.
4. the account has become NPA within 3 months of the sanction and still the bank continued to lend
5. the prime securities of hypothecated stock worth of 52.5 lacs not traceable and no action and no criminal complaint.
6.The ECGC report indicts the bank that the advances made against the stock is without any inspection records confirming the stock availability and rejected the claims on this grounds.
7. The Packing credit to be given against the confirmed orders but the bank is not able to give me even order copy and reported the file is missing and as directed by the CIC they have lodged the complaint on the police.
8. This RTI application asked for the papers related to the trace of file and the action taken on the officers who is responsible and lost the file. but i understand from the branch that no purchase order is in existance.
9. the bills purchased against export is not realised and the bank is yet to give me the correspondences related to call back the stock when un paid. there is a possibility this money would have been siphoned with the vested interest.
10. it also appears from the records the when the borrowers were willing to settle the account in 2001 the bank had refused to settle the account for nearly 12 years clubbing another account of the partners which also has become NPA in the same period as group advance. this was never made known to me as guarantor.
11. suddenly they have in 2010 delinked the account settled the others privately and wanted me to sign and agree the liabilities. when i have refused i was threatened indirectly and soon after the SARFEASI action was on me while the case is in DRT and the debt is not crystaised.
EVEN AFTER AGITATING THESE ISSUES THE CIC CONSIDERS THAT THE LARGE PUBLIC INTEREST IS NOT INVOLVED AND GAVE DECISION THAT THE INFORMATION MAY BE DISCLOSED SEVERING THE PERSONAL ACCOUNT DETAILS OF THE BORROWER

though i partly succeeded, i am denied the access for vital documents to bring out the other corruptions.

can i file a writ in the HIGH court and challenge the CIC decision
please advise
thanks
santhanam

since i raised all the issues the bank with vendetta took action ONLY ON ME leaving the main borrowers.

[jetley]

Plz see attached decision for a better understanding of Larger public interest and prepare your contentions accordingly, if you decide to approach high court

[ranjan1]

File as many as RTI apps with Bank try ascertain again and again that in case of negligence / wrong doing / ( Event which concerns you ) what is procedure of the bank , and how many such incidents have happened in past
case history of those ( they will deny see attached cic order )

File RTI apps via some other persons with queries more or less same ( wording change ) this will be of help in future

alternatively try find out more on opp party via RTI or other means

HC first read about what has happened in past with similar events here in you have study a lot before arriving at some solutions