Third party information can be disclosed to facilitate court proceedings to reveal correct facts

The appellant has sought information in the RTI application dated 19.1.2012,
in pursuance of a legal proceedings in the interest of ensuring the correct facts.
Hence, the information  should  be  provided taking into  account the element  of
public interest in facilitating court processes relying on correct facts.
CENTRAL INFORMATION COMMISSION
CLUB BUILDING (NEAR POST OFFICE)
OLD JNU CAMPUS, NEW DELHI­110067
TEL; 011­26179548
Decision No. CIC/VS/A/2012/000687/03526
Appeal No. CIC/VS/A/2012/000687
Dated: 11.6.2013
Appellant: Shri Anil Kumar Srivastava,
Advocate, Behind Civil Record Room,
Nr. Malviya Hall’s East Chanel Gate,
Civil Courts, Allahabad (U.P.)
Respondent: Public Information Officer,
Bank of Baroda, Regional Office,
Dwarka Bhawan, 2nd Floor,
19­A, Tagore Town, Allahabad­211002
Date of Hearing: 11.6.2013



RTI application
1. The   appellant   filed   an   RTI   application   with   the   PIO   on   19.1.2012   asking
information about any complaint/information  of loss  of a certain cheque  by an
account holder on 16.1.2006. The PIO denied the information on 4.2.2012 under
section 8(1)(j) of the RTI Act.
2. Not satisfied with the reply of PIO, the appellant filed an appeal with the
first appellate authority (FAA) on 16.3.2012. The FAA upheld the reply of PIO on
31.3.2012.   The   appellant   approached   the   Commission   on   26.6.2012   in   second
appeal.
Hearing3. The appellant and the respondent both participated in the hearing through
video conferencing. 
4. The appellant referred to his RTI application of 19.1.2012 and stated that he
had sought information on a single point, but the bank has not applied its mind and
denied the information mechanically. The appellant said that he only wanted to
know the status of a certain cheque of 16.1.2006.
5. The  respondent  stated that they  had  correctly  denied information  under
section  8(1)(j)  of the RTI  Act  and  accordingly  conveyed it  on  4.2.2012.    The
respondent said that the appellant was not connected with the cheque and that this
was third party information.
6. The   appellant   said  that   he   was   connected   with  the  information   sought
because the drawer of the cheque had submitted a false affidavit in the court by
mis­stating facts and it was in this light, in the interest of justice and for correct
facts to emerge in the court, that he wanted the factual information from the bank.
The appellant stated that the drawer of the cheque had given an affidavit stating that
the   cheque  had   got   misplaced,   hence  the  appellant   wanted  to   know   from the
respondent whether the drawer of this particular cheque had written to the bank
about the cheque getting misplaced.
7. The appellant has sought information in the RTI application dated 19.1.2012,
in pursuance of a legal proceedings in the interest of ensuring the correct facts.
Hence, the information  should  be  provided taking into  account the element  of
public interest in facilitating court processes relying on correct facts.
Decision
8. The  respondent is  directed to  provide the information to the  appellant
sought in the RTI application within 30 days of this order.
The appeal is disposed of. Copy of the decision be given free of cost to both the
parties.
(Vijai Sharma)
Information Commission
Authenticated true copy(V.K. Sharma)
Designated Officer

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