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| SIC upholds SBI's right to conceal information RTI Activists criticize order, seek revisit of case | | RTI Activists criticize order, seek revisit of case | | Early Times Report
Jammu, Oct 13: The State Information Commission (SIC) has given a clean chit to the State Bank of India (SBI) for withholding Information under State RTI Act 2009 to an RTI applicant from Doda stating the reasons that SBI cannot make the information public under RTI Act in view of the Bankers Book Evidence Act (BBE Act) which guarantees banks to conceal the information. On the other hand the RTI Activists have severely criticized the SIC's order as they claim that the said order has no merits in view of the overriding effect of Right to Information Act under which J&K RTI Act 2009 and even Central RTI Act of 2005 override all previous laws including Official Secrets Act of 1923 and even the Bankers Book Evidence Act (BBE Act).
As per details available with Early Times one Mohammad Tayab Ganaie S/o Abdul Razak Ganaie a resident of Village Jangalwar, Thathri district Doda moved an application dated 22-03-2013 under J&K RTI Act, 2009 before the Branch Manager cum PIO , State Bank of India, Thathri seeking detail of funds transfer under Head MG-NREGA through SBI Thathri w.e.f 01-03-2013 to 20-04-2013 along with names of beneficiaries of cheque issued by BDO, Thathri. The information seeker also requested that he may be provided a photostat copy of the cheques issued by BDO, Thathri w.e.f 01-03-2013 to till date. The Branch Manager, SBI, Thathri Doda vide No: SL/2013-14/113 dated 15-05-2013 informed the information seeker that the information sought is of personal nature and is also in domain of commercial confidence so it cannot be revealed. The information seeker feeling aggrieved of the aforesaid order filed Ist appeal dated 3-06-2013 before the AGM State Bank of India, SBI Region-III, Rail Head Complex, Gandhi Nagar, Jammu. The Ist appeal was disposed of vide SL No: ADMIN/AKR/R- 3/210 dated 08-06-2013 where under the SBI after obtaining the legal opinion on the subject informed the information seeker that the information sought is of personal nature and is also in domain of commercial confidence and hence, it cannot be revealed under section 8(1)(d), 8(1) (e) and 8(1)(i) of J&K RTI Act, 2009. The information seeker was not satisfied with the aforesaid order and filed second appeal dated 08-07-2013 before the Commission on the ground that the information has been wrongfully denied and prayed that the State Information Commission (SIC) may issue necessary orders for release of the information. The Commission after receiving the appeal of the information seeker directed the SBI authorities to file counter statement before the Commission. In counter statement SBI took stand that the information sought is of personal nature and is also in domain of commercial confidence so it cannot be revealed.
The matter was listed for hearing on 01-10-2013. During the course of proceedings, it was submitted by the Respondents that State Bank of India (SBI) is in the business of banking and as such governed by the provisions of Banker's Book Evidence Act, whereby it cannot disclose the information unless directed by the Court of Law or a Judge made by a special cause. It was further submitted that the Public Authority (SBI) is established under section 3 of SBI Act, 1955 whereby it is under an obligation to maintain fidelity and secrecy of its accounts except otherwise required by Law.
The order issued by State Information Commissioner Dr S K Sharma reads:
"Perusal of the aforesaid facts shows that the CPIO of the Public Authority (SBI) in his wisdom has rightly denied the information as it is exempt from disclosure under section (1)(d), (1)(e) and (1)(i) of the RTI Act. The SBI is also bound by non-disclosure of the said information under BBE and SBI Act, 1955.The appellant has failed to made out a case that larger public interest warrants justifies the disclosure of such information. He is advised to approach the office of the BDO, Thathri by filing a fresh RTI application on the above said subject matter. The appeal is without merit and hence dismissed"
Senior RTI Activist and Founder - Convener of J&K RTI Movement Dr Raja Muzaffar Bhat claims that SIC order is devoid of merits.
" Section 19 of J&K RTI Act 2009 and even Central RTI Act of 2005 have overriding effect over other laws which contradict RTI Act , so the Bankers Book Evidence Act (BBE Act ) cannot be invoked in this case . There are scores of laws under which information has to be concealed by the Public Authorities / Government, so if all such laws are invoked then what is the fun of having RTI Act ? so that is why RTI Act overrides all the secrecy laws and I appeal State Information Commissioner Dr S K Sharma as well as Chief Information Commissioner G R Sufi to revisit this particular case as this is the matter of utmost public interest as there are frauds committed during transfer of funds under MG NREGA , so the information must be put in public domain," Muzaffar added. |
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