CENTRAL INFORMATION COMMISSION

Decision No. CIC/SG/A/2011/002033/15493

http://www.rti.india.gov.in/cic_decisions/CIC_SG_A_2011_002033_15493_M_70004.pdf

Appeal No. CIC/SG/A/2011/002033

Vivek Madhukar Shirvalkar,v/s Public Information Officer Reserve Bank of India,

The RBI is a regulatory authority which is responsible for inter alia monitoring subordinate banks and institutions. Merely because disclosure of such information may adversely affect public confidence in defaulting institutions, it cannot be a reason for denial of information under the RTI Act. If there are certain irregularities in the working and functioning of such banks and institutions, the citizens certainly have a right to know about the same. In view of the same, this Bench is of the considered opinion that even if the information sought was exempted under Section 8(1)(a) or (e) of the RTI Act, as stated by the PIO, Section 8(2) of the RTI Act would mandate disclosure of the information.

What is a liquidation bank?

The RTI Act was enacted to secure access to information under the control of public authorities, but

subject to the provisions of Sections 8 and 9 of the RTI Act only.In the case of providing information ,“information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information". Section 8 (2) of the RTI Act states, “Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests”.

in Mr. Jayantilal N. Mistry Vs CPIO & Chief General Manager, RBI, Urban Banks Department the decisons rendered by the CENTRAL INFORMATION COMMISSION is that even if the information sought was exempted under Section 8(1)(a) or (e) of the RTI Act,-as claimed by the Respondent,- Section 8(2) of the RTI Act would mandate disclosure of the information. The Full bench had also concluded that there was a public interest in disclosure.

Right to Information Act 2005 mandates timely response to citizen requests for government information. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a– RTI Portal Gateway to the citizens.The basic object of the Right to Information Act is to empower the citizens,promote transparency and accountability in the working of the Government,contain corruption, and make our democracy work for the people in real sense.It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed.

It cover all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in the Act.

Thus if the the liquidation bank is a governmental body as mentioned above, it may fall within the ambit.

1. RTI is applicable on all PSU Banks and/or Banks formed under Govt. Act/legislation,

2. It is not applicable on any non-govt. institution/organisation including Banks.

As per your question you can file the Right to information Act 2005 to get the information on Liquidation Bank because it involve larger interest of the public even though if the information sought was exempted under Section 8(1)(a) or (e) of the RTI Act, as stated by the Public Information Officer , Section 8(2) of the RTI Act would mandate disclosure of the information.